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THE

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CONGRESSIONAL REPORTER,

< #

CONTAINING

THE PUBLIC DOCUMENTS,

AND THE

*«.

DEBATES

ON ALL

INTERESTING QUESTIONS AGITATED DURING THE

'SESSION,

* #

COMMENCING
- OK THE FIRS^pDNDAY OF NOVEftfityHt,

1812.

PUBLISHED IN CONCOBD, N. H.

Ry I. & W. R. HILL,
at the PATRIOT OFFICE.

;:r

ADDRESS TO THE PUBLIC. /

VOLUME n.

■yv/N/w/v/v/w/v/v/v^

.\ -

THE patronage afforded to the publishers of the former vol-
ume together with the increased interest and emphasis which are
placed by all political parties on public official documents*
have induced the subscribers to offer proposals for renewing, with
the present session of Congress, the publication of the Congres-
sional Reporter. The plan qf the proposed volume will be
similar to that of the last, with the difference only that the pub-
lic documents and the debates in Congress will be given in sep-
arate numbers, so that each when bound will form part of a vol-
ume by itself. As in the former, so in this volume, the most rig-
id impartiality will be observed in giving the entire documents
and speeches, whatever party they may favor, on all questions in
which the policy and measures of the government, in regard to
foreign nations, or to affairs of great domestic concernment, may
be involved. At this momentous crisis, it is presumed a publica-
tion on this principle and with these objects, will not fail to merit
and receive a munificent and ample patronage from an enlightened
public. *

The conditions of publication arc— that each number, contain-
ing sixteen large octavo pages, will be furnished at the moderate
price office eents 9 (the postage to be deducted) payable when
'the volume is completed ,•— that a deduction of 12 1-2 per ceni
will be made to those who procure and become responsible for
more than te.n subscribers ; — that m person, wishing it, may,
when finished, 6c furnished with JPI volume neatly bound and
lettered for the additional sum of thirty cents.

r i.ar ^.r.hill.

BcQftriber 1, 181Z*
*

• •

to-U-40 TH #

4lOtO

AL BEPORTER.

PART I....PUBLIC DOCUMENTS*

II If I I m il ■! ml I " "n II ' I l

910]

B3BB

No. 1.] Twjbxffh Congress.... Second Session. [1812 — 13.

President's Message*

* Washington City, Nov; 4.

The Prdident of the United States this day communicated,
by Mr. Coles his private Secretary, the following Meffage to
Congress :

Fellow Citizens qfthe Senate,

und Rouse of representatives,

ON our prefernt meeting it is my firft duty to invite your at-
tention to thq providential favors which our country has expe- ,
rlented in the unufual degree of health Idifpenfed to its inhabit-
ants, and in the rich abundance with which the* earth has re-
warded the labors bellowed on it. In the fuccessful cultiva- >
tion of other branches of induftfry, and in the progrefs of general
improvement favorable to the national profperity, there is juftoc-
cafion alfo for our mutual congratulations and thankfulnefs.

With thefe bleffings are neceflarily mingled the preflures and
viciffitudes incident to the ftate of war, into which the United
States have been forced by the perfeverance of a foreign power,
in its fyftem of injuftice and aggreffion.

Previous to its declaration, it was deemed proper, as a meaf- , $
ure of precaution and fbrecaft, that a confidence force (hould
be placed in the Michigan territory, with a general view to its
fecurity , and in the event of war, to fuch operations in the upper-
moft Canada as would intercept the hoftile influence of Great
Britain over the fa vages, obtain the command of the lake on
which that part of Canada borders, and maintain co-operating
relations with fuch forces as might be moft conveniently em-
ployed against other parts. Brigadier General Hull was charg-
ed with this provifional fervice, having under his command a
body of troops compofed of regulars and volunteers from the
State of Ohio. Having rea<£ti his deftination after his knowl-
edge of the war, and poffeffingwcretionary authority to aft of-
fenfively, he paffed into the neighboring territory of the enemy
with a profpeflk of eafy and victorious progress. The expedi-
tion neverthelefs terminated unfortunately, not only in a retreat
to the town and fort of Detroit, but in the furrender of both,
and of the gallant corps commanded by that officer. The caus-
es of this painful reverfe will be inveftigated by a military tribun-
al.

A difUnguifhing feature in the operations which preceded and

4 CONGRESSIONAL REPORTER.

followed this adverse ev^nt, is the ufe made by our enemy of
the T^iercilt fs favages uncfcr their influence. Whilft the beneV-
olent r policy of the, United States, invariably recommended
peace, and promoted civilization, among. that wretched poftion.
of the human race ; and wa^ making exertions to diflbade them
from taking either fide in the war, the enemy has not fcruplecl
to call to his aiitheir ruthleft ferocity, armed with the horrors
of thole inftruments^kcarnage and torture, which are known to
fpare neither age nor lex. In this ^outrage againft the laws of
honorable war, and against the feelings facred to humanity, the
Britifh commanders cannot refort to a plea of retaliation ; for it
is committed in the face of our example. They eannot miti-
gate it by calling it a felf deduce against men in arms ; for it
embraces the mod fhocking butcheries oi defenceless families-
Nor can it be pretended that they are not anfwerable for the a-
trocities perpetrated ; fince the favages are employed with a
knowledge, and even with menaces, that their fury could not be
controlled. Such is the fpe£\acle which the deputed authori-
ties of a nation boafting its religion and morality, have not been
rt (trained from pretexting to an enlightened age.

The misfortune at Detroit was not, however, without a con-
foling fc effect* It was followed by fignal proofs, that the nation-
al fpirit rifes according to the preffure on it. The lofs of an im-
portant poll, and of the brave men furreftdered with it, infpired
every where new ardor and determination. In the States and dif-
trifts leaft remote, it was no fooner known than every citizen
tvas ready to fly with his arms, at once to protect his brethren a-
gainst the blood-thirfty favages let Ioofe by the enemy on an ex-
tenfive frontier ; and to convert a partial calamity into-afource
of invigorated efforts. ' ~ \

This patriotic zeal, which -It Wa$ necessary rather to litjnt
th^n excite, has embodied an atiiple force from the ftates of Ken-
tucky and Ohio, and from pjarts of Pennfylvania and Virginia.^
It is placed, with the addition of a few regulars under the*
command of Brigadier General Harrifon, who poffeffes the en-
tire confidence of his fellow fokliers, among whom are^ citizens,
fomc of them volunteers rn the ranks, not lels diftinguifhed by
their political ftations than by their perfonal merits. The greater
portion of this force is proceedh^pn its deftination towards the
Michigan territory, having fucdflBed in relieving an, important
frontier poll, and in feveral incidental operations againft hoftite
tritKsof favages, rendered indifpenfable by the fubferviency in-
to which they had been feduced by the enemy ; a feduflion
the more cruel, as it could not fail to impofe a ne'eeffitjr of pre-
cautionary feverities againft thofc who yielded to if.

At a recent daite* an attack was made on a poll of the enemy
near Niagara by a detachnient of the regular and other forces,
-under the command of Major General Van Rensselaer of the mi-
litia of the State of New York. The attack,, it appears, wasor*

CONGRESSIONAL REPORTER..

dered in compliance with the asdorof the trdops, whp executed
it with diflinguished gallantry, and were for a time vi£lorious,
but nbt receiving the expe&ed fupport, they were compelled to.
yield to reinforcemt nts of Brhiih regulars and favages. Our
loss has been confiderable and is deeply to.^e lamented. That
of the enemy, ltfeafcertaincd, will be the more fcjt, as it in-
cludes among the Hilled the.coiflmaoding general, who was alfo
the governor of the province; and was fuftained by veteran
troops, from unexperienced foldiers, who muft daily improve in
the duties of the field.

Our expectation of gaining the dommand of the lakesi by the ,
invasion of Canada from Detroit, having been difappointed,
mcafures were inftantly taken. to .provide,. on them* a naval force
fuperior to that of the enemy. From the talents and activity
of the officer charged with this object, every thing that can be
done may be expe&ed — Should the prefent feafon not admit of
complete fuccefs, the progrels made will enfure for the next a
naval afcendency, where it is effential to our permanent peace
with, and control oyer the lavages.
I Among the incidents to the meafures of the war, I am con-
| Jlrained t© advert to the refusal of the Governors of Maflachu-
.Tetts and Connecticut, to furnifh the required detachments of
militia towards the d.etence of the maritime frontier.

The refufal wasfounded on a novel and unfortunate expofi.
tion of the provisions of the qonftitution relating to the militia*
— The correfpondencics which will be before you, contain the
requisite information on the fubject. It is obvious, that if the
authority of the United States to call into fervice and command ..
the militfa for the public defence, can be thi/s frustrated, even in
a state of declared war, and of courfe under apprehenfion
of invafion preceding war, they are not one nation for the i)ur*
pofemou of all requiring it; and that" the pyblic fafcty "may
have po other refource, than in thofe Jarge and permanent milita-
ry establifhments which are forbidden by the principles of our
free government, and againft the neceffity of which the militia
were meant to be a conftitutional bulwark. .

On the coafls, and on the ocea^he war has been as fueceft-
Ail as circumftances infeparaWe from its early ftageji could prqm-
I ife. Our public Ihips and private cruizers, -"fay their activi-
ty, and where there was ocqafion, by theitf intrepidity
i have made the enemy fenfible of the difference between a recj-
I procity of captures, and the long confinement of them to their
side.— Qur trade, with fittle exception) has fafely reached our
i. ports— having been much favored in it by the courfe purfued by
a fuuadron of our frigates, under the command of Commodore
| Rdflgers. And in the inftance, in which skjill and bravery
| ; were more particularly tried with thofe of*rhe enemy, the ^ A-
! merican flag had in aufpicious triumph. The frigate Constitu- '
tion, commanded by Capt. Hull, after a clofe and fliort engage-
ment, completely disabled anefcaptured a Britilh frigate ; gain-

6 I CONGRESSIONAL REPORTER.

ing for that officer and all on board, a praife which cannot be
too liberally bellowed ; not merely for tfye victory actually at-
chieved, but for that prompt and cool exertion of commanding
talents, which, giving to courage its higheft character, and to
the force applied its lull effeft, proved that more could have
been done in a conteft requiring more.

Anxious to abridge the evils frbm which a ftate of war cannot
be exempt, Iloft no time after it was declared in conveying to
to the Britifh government the terms on x&tnch its progress might
be arretted, without awaiting the delays of a formal and final pa-
cification. And our charge d'affaires at London was at th€
fame time, authorized to agree to an armiftice founded upon
them* Thefe terms required, that the orders in council fhould
be repealed as( they affe&ed the United States, without a reviv-
al . of blockades violating acknowledged rules ; that there fhould
be an immediate difcharge of American feamen from Britifh
(hips ; and a flop put to impreflments from American (hips,
with an underftanding that an exclufion of the feamen of each
nation from the (hips of the oth^r fhould be Jlipulated ; and
that the armiftice (hould be improved into a cl< finitive and com-
prehenfive adjuftmtnt of depending controverfies,

Although a repeal of the orders fufceptible of explaraticns
meeting the views of this government, had taken place lit fore
this pacific advance was communicated to Great Britain, the
advance was declined, from an avowed repugnance to a fufpen-
fion of the prafilideof imprtffment during the armiftice, and
without any intimation that the arrangement propoted with reC-
pe£t to feafrun would be accepted. Whether the fubfequent
communications from this government affording an occafion for
re-confidering the fubjedV, on the part of Grest Britain, will be
viewed in a more favorable light, or received in a more accom-
modating fpirit, remains to be known. It would be umfafe to
relax our meafures, in any respect, on a prefumption of fbch a
refult.

The documents from the # department of State, which relatef
to this fubjefiV, will give a view alfo of the propofitions for an
armiftice, which have been i|tfkived here, one of them from
the authorities at Halifax and Canada, the other from the Brit-
ifh government itftlf, through Admiral Warren : and of the
grounds upon which neither of them could be accepted.

Our affairs jvifh France retain the pofture which they hcM in
my laft communications to you. — Notwithftanding the authorif-
ed expe&ation of an early as well as a favorable iflue to the dif-
' cuffions on foot ; thefe have been proc r aftihated to the 1 ateft
date. The only intervening occurrence meriting attention, is
the promulgation of a French Decree purporting to be a d£fi.
nit§ repeal of the Berlfti and Milan Decrees. This proceeding,
plthough made the ground of the repeal of the British Orders

. i

CONGRESSIONAL REPORTER.

in Council, is rendered, by the time and manner of it, MM: to
many objections. ^ , ' ' ¥

The final communications from our fpeoial Minifter to wen-,
mark, afford further proofs of the good effrfcts of his million,
arid of the amicable difpoQtion of the Danifh Government.
From Ruffia we have the fatisfaftion to receive aflurances of con-
tinued friendship, and that it will riot be affected by the ruptures
between the Unijed States and Great Britain. Sweden alfo.
profeffes fentiments favorable to the fubfifting harmony.

With the Barbafy powers, excepting that of Algiers, our af-
fairs remain on the ordinary footing. ' The Conful General re-
filling with that Regency has fuddenly, and without caufe, been
banifhed, together with all the American citizens found there. \
— Whether this was the transitory efle£t of capricious defpotifm,
or the firft a6l of predetermined hoftility, is not afcertairfed.
Precautions wete taken by the Conful, on the latter fuppofition.' *-

The Indian tribes, not under foreign inftigations, remain at
peace, and receive the civilizing attentions which hare proved
fo beneficial to them.

With a view to that vigorous profecution of the war, to.
which ourn&tional faculties are adequate, the attention of } con. .
grefs will be particularly drawn to the infufficiency of theexift- y
ing provifions fulfilling up the military eftahlifhment. Suph is
the happy condition ofour country, arifing from the facility of
fiibfiftence and the high wages for every fpecies of occupation,
that notwithftanding the augmented inducements provided at
the laft feffion, a partial fuccefs only has attended the recruiting
fervictfT The deficiency has been neceflarily fupplied during
the campaign, by other than regular troops, .with all the incon-
veniences and expences incident to them. The remedy lies, in
eftablifhing, more favorably for the private foldier, the propor-
tion between his recompence and the term of his enliftment.
And it is a fubject which cannot too foon or too ferioully be ta-
ken into confideration. '

The fame infufficiency has been experienced in the provifions
for volunteers, made by an act of the laft feffion. The recom.
penfe for the fervice required in this cafe,, is ftill lefs attractive
than in the other. — And although patriotifm alone has fen t into
the field fome valuable corps of that defcription, thofe alone who
can afford the facrfiice, can reafonably be expected to yield to
that impulfe.

It will merit confideration alfo wlfether, as auxiliary to the
frcurity of our frontier, corf>$ may not be advantageoufly organ*
ized with a reftriction of their fervices to particular diftricts con-
venient to them. And whether tfye local and occafional fervices
of mariners and others in the feaport towns, under a flmilar
organization^ would not be a provident addition to the means of
their defence. . • . ¥

I recommend a provifion for an increafe of the general offi*
cers of the army, the deficiency of which has been iUuftrated

8 CONGRESSIONAL REPORTER,

by ttojpumber and diftance of leparate commands, which the-*
courHlof the war and the advantages of the fervice have required.
And I cannot prefs too ftrongly,on the earljeft attention of the
Legiflature, the importance of the re-organization of the ftaff
eftablifliment ; with a view to render more diftinQ' and definite
the relations and refponfibilities of its feveral departments. —
That there is room for improvements which will materially pro-
mote both economy and fuccefs, in what appertains to the army,
aind to the war, is equally inculcated by the examples of other
countries, and by the experience of our own.

A revifion of the militia laws for the purpofe of rendering them
more fyftematic, and better adapting thern to the,* emergencies
of the war, is at this time particularly desirable. »

Of the additional' (hips # authorised ^ to be fitted for La, two

will be (hortly ready to fail ; a third is under repair and de-

^k lay will be avoided in the repair of the rcfidue. Of the, appro?

^ priations for the purchafe of materials for fhip buitfling, the

greater part has been applied to that object, and the purchafes

will be continued with the balance. ',

The enterprifing fpirit which has chara&erifcd our naval

force, and its fuccefs both inreftraining Muhs* v and depredations

.oh our coafts, and inreprifalson the enemy, will not fail to re-

Commend an enlargement of it. There beingireafon to believe

that the ac£ prohibiting the acceptance of Britiljji, licences, ii not

, a fufficient guard againft the ufe of them for purpofes favorable

to theinterefts and views of the enehiy ; further provitions on

that fubject are highly important. Nor is it . lefc fo that penal

enactments fhoukl be provided for cafes of corrupt and p$rfidi^

ous intercourfe with the enemy, not - amounting to ireafon, nor

jet embraced by an y ftatutory provifions.

A confiderable number of American veflelS were in England
' when the revocation of the Orders in Council took place, were
liiden with Britilh manufactures, under an erroneous impreffion
that the nbn-importation act would immediately -ceafe to oper-
ate, and have arrived in the United States. It did not appear
proper to exefcife, on unforefeen cales of such magnitude, the;-
ordinary powers vt fled in the treafury degprtment to mitigate
forfeitures, without previoufly affording to congrefs an opportu-
nity of making on the fubject fuch provifion as they may think
proper. In their decifidn they will doubtlefs equally confult
what is dbe to equitable confideratibris and to the public in-
tereft.

The receipts into the Treafury during the year ending the
SOth day of September laft have exceeded fixtcen millions and
a half of dollars ; which have been fufficient to defray the de-
mands on the treafury to that day, including a neceffary reim-
burfement of near three ^ millions of the principal of the public
debt. In thefe receipts is included a fum of near 5,850,000
dollars received on account of the loans atithorifed by trie acts

CONGRESSIONAL REPORTER. 9

of the laft kflion : the whole fum actually obtained on loan, a
mounts to 1 l.Q00,000 dollars, the refidue of which, being re
ceivable fubfequent to the 30th of September laft, will together
with th. current revenue, enable us to defray all the expenfes of
this year. , / . v

The duties on the late unexpected importations of Britifh
manufactures will render the revenue of the enfuing year more
productiv^than could have been anticipated, /

The fitualion of ou> country, fellow-citizens, is not without
its difficulties ; though it abounds in animating ponfiderations
of which the view here prefented of our pecuniary rcfourcesfc
an example. With more than one nation, we have ferious and
unfettled controverfies : and with one powerful in the means and
habits of war, we are at war. The fpirit and ftrength of the nation
are, nevertheless, equal to the fupport of all its rights, and to carry
it through all its trials^ They can be met in that confidence. A*
boveall, # we have the ineflimable confolaiion of knowing, that"
the war in which we are actually engaged is a war neither of
ambition nor of vain glory ; that it is waged, not in violation of
the rights of others, but in the maintenance of our own ; that it
is preceded by a patience without example, under wrongs
accumulating without end ; and that it was finally not declared
until every hope of averting it was t xtingutfhed, by the transfer
of the Britifh feeptre into new hands clinging to former coun-
cils ; and until declarations were , reiterated to the laft hour,
through the Britifh envoy here ,that the hoflile edicts againft our
commercial rights and our maratime independence would not
be revoked—- nay, that they would not be revoked, without violat-
ing the obligations of Great-Britain to other powers as well as to
her own interefta

To have fhrunk, under fuch circumftances, from manly re-
fi'ftance, would have been a degradation blafting our beft and
prouflcft hopes ; it would have ftruck us from (he high rank,
where the virtuous ftruggles of our fathers Jiad placed us, and
have betrayfed the magnificent legacy which we hold in truft for
future generations. It would have acknowledged, that on the
clement, which forms three fourths of the globe we inhabit, and
where all nations have equal and common rights, the American
people were not an independent people, butcolonifts and vaflals.
It wasat this moment, and with fuch an alternative, that war was
chofen. The nation felt-the neceffity of it and called for it. The
appeal was accordingly made, in a jiift catife, to the juft and all
powerful Being who holds in his hand the chaip of events and
the dfftiny of nations. It remains only, that, faithful to our-
felves, entangled in no connexions wuh the views of other
powers, and ever readyto accept peace from the hand of juftice,
we profecute the war with united counfelsand with the ample
faculties of the nation, until peace be fo obtained, and as the
only means, under th^divine bkfling, of fpeedily obtaining it*

JAMES MADISON.
Hfcocmbcr 4, J812. * . .

Accompanying the President's Message to
• Congress.

| LETTERS

From Mr. Monroe to Mr. Russell, Charge
des Affaires in Great Britain.

f Extract of a letter from Mr. Monroe^ to Mr. Russell, datid

" Junt c Z%th, 1812.'

" THIS letter is committed to Mr. Foster who has promised
to deliver it to you In safety.

" On the 18th of this month, a declaration of war against
.Great Britain passed Congress. I send you a copy of the act, of .,
the President's Message, and of the Report of the Committee of
Foreign Relations, which brought the subject under consideration.

" This measure has been produced by the continued aggressions
oftbe British government on the rights of the United States, and
the presumption arising from that and other faqts which it is un-
necessary to recite, that no favorable change of policy mjghi be
expected from it. It'was impossible for the United States to
surrender their rights, by relinquishing the ground which they
had taken, and it was equally incompatible with their interests
an<J character to rely longer an measures which had failed to ac-
complish their objects. War was the only remaining alternative,
and that fact being Nearly ascertained, you will find by the doc-
uments transmitted, that it was adopted with decision.

" As war has been resorted to from necessity, and of eourse
•with reluctance, this government looks forward to the restora-
tion of peace with much interest, and^ sincere desire to promote
it on conditions just, equal, and honorable to both the parties. It
is in thg power of Great Britain to terminate the war on such
conditions, and it would be very satisfactory to the President to
meet it in arrangements to that effect.

" Although there are many just and weighty causes of com-
plaint against Great Britain, you will perceive by the documents
transmitted, that the orders in council, and Nother blockades, il-
legal, according to the principles lately acknowledged, and the
impressment of our seamen, are considered to be of the highest
importance. If the orders in council are repealed, and no illegal
blockades arc substituted to them* and orders arc given to discon.

CONGRESSIONAL REPORTER. ' . ll

Untie the impressment of seamen from our vessels, and tj> res-
lore those already Impressed, there is no reason why hostilities
should not immediately ce,ase. Securing these objects, you are
authorized to stipulate an armistice, to commence from the sig-

nat lire of the istrument providing fop it, or at the end of fifty or
sixty days, or otficr the shortest term that the British government
>vill sssent to. Definitive arrangements will be made on these
tuid every' other difference, by a treaty, to be concluded either
here or at London, though it is much* desired that the subject
should be entered on in this city.

As an inducjement to the British government to discontinue the
practice of impressment from our vessels, you may give assur-
ance that a law will be passed (4 o be reciprocal) to prohibit the
employment of British seamen in the public or commercial service
of the United States. There can bo no doubt that such an ar-
rangement would prove muvh move efficacious in securing to.

Great Britain her seamen than the practice to which it is pro-
posed to be a substitute independent of all the other objections to
it*

" Indemnity for injuries received under the orders in council,
and other edicts violating our rights, seems to be incident to their
repeal ; but the President is willing that the consideration of that
claim should not be pressed at this time, so as to interfere with
the preliminary arrangement alluded to. It will be proper to
bring it into view merely to shew that it is expected tfcat provi-
sion will be made for it in the treaty which is to follow. * Every
other interest may also be provided for at the same time.

" It is hoped that the British government will find it consist-
ent witty its interest and honor, to terminate the war by an armis-
tice in the manner and on the conditions proposed. In so doing it
will abandon no right, it will sacrifice no interest ? it will ab-
stain only from violating our rights, and, in return, it will res-
tore peace with the power from whom, in a friendly commercial
intercourse, so many advantages will be derived, not to mention
the injuries which cannot fail to result from a prosecution of the
war/'

Mr. Monroe to Mr* Russell.

Dated Department of State, July 27, 1812.
81H,

I wrote you on the 26th of June by Mr. Foster, a letter which
he promised to deliver youan person or by a safe hand.

In that letter you >?ere informed, that the orders in council
and other illegal blockades, and the impressment of our seamen
by Great Britain, as you well knew before, w^re the principal
causes of the war, and that if they were removed, you might stip-
ulate ah armistice, leaving them and all dther grounds of differ-
ence, for final and more precise adjustment by treaty. As an in-

12 CON GRESSIONAL REPORTER .

<lu cement \o the British government to discontinue the practice of
impressment fi-om our vessels, by which alone our seamen can
be made secure, you were authorized to stipulate a prohibition by
law, to be reciprocal of (he employment of British seamen in the
public or commereial service of the United States* As such an
arrangement, which might be made completely effectual and satis-
factory by suitable regulations and penalties, would operate al-
\- wifct exclusively in favor of Great Britain, for as few of our
, seamen ever enter voluntarily into the U^itish service, the recip-
rocity would be nominal — its advantages to Great Britain would
be more than an equivalent for any she derives from impress-
ment, which alone ought to induce her to abandon the practice, if
she had no other motive for it. . A stipulation to prohibit by law
the employment of British seamen in the service of the United
states, is to be understood in the sense and spirit of our constitu-
tion. The passa;;t/6f stf h a lav' must depend of course on Con-
gress, who, it might reasonably be presumed, would give effect
to it. *

By authorising you io secure these objects as the grounds of an
1 armistice* it was not intended to restrict you to any < precise -
form in which it should be done. It is not particularly necessa-
ry th^t the several points should be speedily provided for in the
convention stimulating the armistice. A clear and distinct under-
standing with the British government on the subject of impress-
ment, comprising in it the discharge of men already impressed,
and on future blockades, if the orders in council arc revoked, is
all that is indispensable. The orders in council being revoked,,
and the proposed understanding on the other points, that is, on
blockades and impressment being first obtained, in a manner,
though informal, to admit of no mistake or disagreement hereaf-
ter, the instrument pmvid*ng fo? the armistice may assume a
general form, especially if more agreeable to the British govern-
ment. It may for example lie said in general terms, " that
both powers beiflg sincerely desirous to terminate the differences
which unhappily sutaist between them, and equally so that full
time should be given for the adjustment thereof, agree, 1st. Tha^
an armistice shall take place for that purpose, to commence en
the day of I

2d. That they will forthwith appoint on each side commission-
ers to form a treaty, which shaH provide, by reciprocal arrange-
ments* for the security of 'their seamen from being taken or em-
ployed in the service of thflyother power, for the regulation of their

[ commerce, and all other interesting questions now depending be-

! tween th*m. *

v " Sd. The armistice shaH not cease without a previous notice

f by one to the other party of days, and shall not be. under-

stood as having other effect than merely to suspepd military op-

* erations by land and by sea."

By this you wifl perceive that the president is desirous of re- .

CONGRESSIONAL REPORTER. 13

moving every obstacle to an accommodation, which consists
merely of form* Securing in a safe and satisfactory manner the
rights and interests of the United States in these two great acd
essential circumstances, as it is presumed may be accomplished
by the proposed understanding, he is willing that it be done in flk
manner the most satisfactory and honorable to Great Britain, a»
wfell as to the United States. -

I have the honor to be, &c.
(Signed) ' JAMES MONROE.

Mr. Graham to Mr. Russell.

Dated Department of Stale, August 9th, 1812.
SIR,

The Secretary left this city about ten days ago on a short visit
to Virginia. Since that period Mr. Baker has, in consequence of
some dispatches from his government addressed to Mr. Foster,
made to me a communication respecting the intentions of his
government as regards the orders in eouncil. It was pf a charac-
ter, however, -so entirely informal and confidential, that Mr.
Baker did not feel himself at liberty to make it in the form of a
note verbal pr pro memoria, or even to permit me to make a.
memorandum of it at the time he made it. As it authorises an
expectation that something more precise and delinito in an official
form may soon be received by this government, it is the less ne-
cessary that I should go into an explanation of the yiewfeof the
President in relation to it, more particularly as the Secremry of
State is daily expected, a^j will be able to do it in a manner more
satisfactory. v

I refer you to the inclosed papers for information as to the
maritime and >military movements incident to the war, and will
add, that the! President is anxious to know, as. soon as possible,
the result of the proposals you w%e authorized to make to tk$
British government, respecting an armistice. He considers them
vo fair and reasonable, that he cannot but hope that they will bo
acceded to, and thus be the means of hastening an honorable and
permanent peace.

rhavc the honor, &c.

(Signed) JOHN GRAHAM.'

Mi\ Graham to 'Me. Russell.

Bated Department of State, August ioth, 1S12.
\ SIR,

Thinking that it may possibly be useful to you, I do myself the
I honor to enclose a memorandum of the conversation between Mr»
Baker and myself alluded to in my letter of yesterdays date.
From a conversation with Mr. Baker since this memorandum
was made, I find that I was correct in representing to the Presi-
dent that the* information from Mr. Faster and the British author-

14 CpNGRESSIONAL 4 REPORTER.

ities at Halifax was to be understood as connected with a sus-
pension of hostilities on the frontiers of Canada.

I have the honor, &c.

JOHN GRAHAM. '

(Memwandum referred to in the above Utter. J '

Mr. Baker verbally communicated to me for the information
of the president, that he had received despatches from his gov-
eminent addressed to Mr. Foster, dated, I believe, about the 17th
June, from which he was authorized to say, that an official declar-
ation would be sent to this country, that the orders in council, so
far as they aifected the United States, would be repealed on the
1st August, to be revived on the 1st May, 1813, unless the eon-
duct of the French government, and the result of the Communica-
tions with the American government, should be such as in the
opinion of his majesty to render their revival unnecessary. Mr.
Baker moreover stated, that the orders would be revived, provid-
ed the American government did not, within fourteen days after
they received the official declaration of their repeal, admit Brit-
ish ;arined vessels into their ports, and put an end to the restric-
tive measures which had grown out of the orders in council.

The despatches authorizing this communication to the Amer-
ican government expressly directed that it should be made ver-
bally, and Mr. Baker did not consider himself at liberty to re-
duce it, to writing, even in the form of a note verbal, or pro mem-
oria, or to suffer me to take a memorandum of his* communica-
tion at the time he made it. I understood from him, that the
despatches had been opened by Mr. Foster at Halifax, who, in
consequence of a conversation he had with viee admiral Sawyer -
and Sir John Sherbrook, had authorized Mr. Baker to say that
these gentlemen would agree, as a measure leading to a suspen-
sion of hostilities, that all caffcures made after a day to be fixed,
should not be proceeded' against immediately, but be detained to
await the future decision of the two governments. Mr. Foster
had not seen Sir George Prevost, but had written to him by ex-
press, and did not doubt but that he would agree to an arrange-
ment for the temporary suspension, of hostilities. Mr. Baker al-
so stated that he had received an authority ffom Mr. Foster to act
us charge ties affaires, provided the American government would
receive him in that character for the purpose of enabling him of-
ficially to communicate the declaration which was to be expected
from the British government. His functions to be understood of
course as ceasing on the renewal of hostilities.

I replied, that Ji though to so general and informal a communi-
cation, no answer might be necessary, and certainly no particular
answer expeeted.Aet I was authorised to say that the communi-
cation is reeeivecf with sincere satisfaction, as it is hoped that the
spirit in which it was authorized by his government may lead to

> i CONGRESSIONAL REPORTER. , 15

such further commuaications as will open the way, not only for
an early and satisfactory termination of existing hostilities, bat to
that entire adjustment of all the differences which produced them,
and to that peace and solid friendship which ought to be mutual-
ly desired by both countries, and whieh is sincerely desired by
this. With this desire, an authority was given to Mr. Russell 6a
the subject df an armistice as introductory to a final pacification
as has been made known to Mr. Foster, and the same desire will
befelt -on. the receipt of the furtlfcr and more particular communi-
cations which are shortly to be expected, with respect to the
joint intimation from Mr. Foster and the British authorities at
Halifax on the subject of suspending judicial proceedings in the
case of maritime captures, to be accompanied by a suspension of
military operations. The authority given to Mr. Russell just al-
luded to, and of which Mr.' Foster is the bearer, is full proof of„ *<
the solicitude of the government of the United States to bring
about a general suspension of hostilities on admissible terras, with
as little delay as possible. It was not to be doubted, therefore,
that any other practicable expedient for obtaining a similar result
would readily be concurred in. Upon the most favorable consid-
eration, however, which eould be given to the expedient suggest-
ed through him, it did not appear to be reducible to any practical
shape to whieh the executive ^vould be authorised to give it the
. necessary sanction ; nor indeed is it probable that if it was less
liable io insuperable difficulties, that it eould have any material
effect previous to the result of the pacific advance made by this
government, and which must, if favorably received, become op-
erative as soon as any other arrangement that could now be made.
It was stated to Mr. Baker that the Resident did not, under ex-
isting circumstances, consider Mr. Foster as vested with the
power of appointing a charge des affaires : but that ho difficulty v
in point of form would be made, as any authentic communication
through him, or any other channel, would lib received with at*
tention and respect. N

Extract of a letter from the Secretary of State to Mr. Russell;

dated
Department of State, August 21st, 1812.
" My last letter to you was qf the 27th of July, and was for-, \
g warded by the British Packet, the Althea, tinder the special
;■ protection of Mr. Baker. The object of that letter, and of the
i next preceding one of the 26th June, was, to invest you with
I * Jk>wer to suspend by &n armistice, on such fair conditions
as it was presumed could not be rejected, the operation of the
war, which had been brought on the United States by the in-
1 justice and violence of the British government. At the moment N

of the declaration of war, the President regretting the necessity
, which produced it, looked to its termination an^l provided for
it ; and happy will it be for both countries if the disposition

16 CONGRESSIONAL REPORTER. m

felt, and the advance thus made on his part, are entertained an4 j
met by the Britifh government in a fiar ilar fpirit. f

You haye been informed by fylr. Graham of what paffed in
my late absence from the city, in an interview between Mr.
Bakcf and him, in confequence of \ clifpatch from the Britifh J
government to Mr. loft<r, received jt Halifax, juft before he
sailed for England, and tranfmitted by him to Mr. Baker, re-
lating to a propofed fufpenfionjM' repeal of the Britifli orders in
council* Xou will have feen* the note forwarded to you by
Mr. Graham, of Mr. Baker's communication to hfm, that Mr.
Foster had authorised him to state, that the commanders of the
British forces atJHalifax would agree to a suspension, after a
day to be fixed, of the condemnation of prices to await the de-
cision of both governments, without however preventing cap-
tures on either side. It appears also, tl\at Mr. Foster had prom-
ised to communicate with J3ir George Prevost, and to advise
him to propose to our government an armistice.

Sir George Prevost ha* since proposed to General Dearborn,
at the suggestion of Mr . Foster, a suspension of offensive ope-
rations by land, in a letter which was transmitted by theGen*
eral to the Secretary at war. A provisional agreement was en- '
tered into between General Dearborn and Col. Baynes, the
British Adjutant General, bearer of General Prevost 's letter,
, that neither i^rirty should act offenuvely, before the decision of
. our government should be taken on the subject.

Since my return to Washington, the document/alluded to ia
Mr. Foster's dispatch, as finally decided on by the British gov-
ernment, has been handed to me by Mr. Baker, with a remark
, that its authenticity might be* relit don. Mr. Baker added,
that it was not improbable that the admiral at Halifax might
agree likewise to a suspension of captures, though he did not
profess or appear to be acquainted with his sentiments oh that
point. ^ ,

On full consideration of all the circumstances which merit at«
temion. the president regrets that it is not in his power to accede
to the proposed arrangement. The following are among the
principal reasons which have produced this decision.

1. The President has no power to suspend judicialproceed-

ings on prizes. A capture, if lawful, vests a right over whicH
he has noccbtroul. Nor could he prevent captures otherwise
than by an indiscriminate recall of the commissions granted to
our privateersy which he could not justify under existingxircunv
stance?. . ,

2. The proposition is not made by the British government
nor is there any certainty that it would be approved by it. Thfi
proposed arrangement, if acceded to, might net be observed by
the Bxifish officers themselves, if their government, in conse-
quence of the war, should give them instructions of a differed

CONGRESSIONAL REPORTER. _ It

character, evett if th££ were givep withdut a knowledge of the

*• No security is given* or proposed, as to the Indians, nor
could any be relied on. They nave engaged in the war on the
ikle of the British government, and are now prosecuting it with
vigor, in their usual savage mode. They can only be restrained
by forces when once let loose, and thar force has already been
ordered out for the purpose, <

4. The proposition is not reciprocal; because it restrains
the United States from acting where their power is greatest, and
leaves Great Britain at liberty, and gives her time to augment
her forces in our neighborhood. . V v

5. Thatafc a principal object of the war ii to obtain redrefs
agaitift th? Britilh practice of imprefTmeht, an agreement to fuf-
pend hoftilities even before the Britifh government is heard
from on that fubject, might beconfidered a relinquifhmcnt of
that claim.

6. It is the more objectionable, and of the lefs importance,
in confideration of the instructions heretofore given you, which,
if met by the Britifh government, may have already produced
the fame refult in a greater extent and more fatisfactory form.

I might add, that the declaration itfelf i$ objectionable in ma-
ny re/pects, particularly t^e following :

1. Becaufe it aflerts a right in the Britifh government to red
tore the orders in council of any partthefeof, to their full effect
on & principle of retaliation on France under circumstances of
which fhe alone is to judge ; a right which this government
cannot admit, efpecially m the extent heretofore claimed, and
acted on by the Britifh government.

2. That the repeal is founded exclufively on the French de-
creie of 28th April, \1811,» by which the rfepeal of the decrees of
Berlin and Milan, announced on the 5th August, 1810, to take
effect on the 1ft of November of that year, at which ume their
operation actually ceafed, is*d}Iregaixkd, aa are the claims of the
United States arifing from the repeal on that day, even accord-
ing to the British pledge. * .

3. That even if the United States hid no right to claim the
repeal of the Britifh orders in council prior to the French de-
cree of the 28th of April, 1811, nor before the notification of
that decree to the Britifh government on the 20th of May, of
the prefent year, the Britilh repeal ought to have borjie date
from that day, and been fubject to none of the limitations
attached to it.

Tbefe remarks on the declaration of the prince regetft, which
are not purfued with rigor* nor in the full extent which they
might be> are- applicable to it, in relation to the fiate of things
which exifted before the determination of the United States
to refill the aggreffions of tb6 Britifh government by war.
By that determination jthe > relations between the two countries

Vol.. IL— JMo, 2* documents.

h ■

"■'■- - — — J

18 CONGRESSIONAL REPORTER.

have been altogether, changed, and it ,|s only, by a termination
of the, war, or by meafurcs leading to it by confeht of both gov-
ernments, that its calamities can be cl^ed or mitigated. It is
not how a question whether the declaration of the , Prince Re-
gent is fuch as ought to have produced 'a repeal of the non-im-
portation act, had war not been declared ; becaufe by the dec-
laratipn of war, that question is fuperftded, and the non-impor-
tation act having been continued in force by cbngrefs, and be-
come a meafure of War, and among the most efficient, it is no
longer fubject to the control of the executive in the fenfe, and
for the purpofe foir which it was adopted.

The declaration, however, of the Prince Regent, will not be
♦without effect. By repealing the orders in council without re-
viving the blockade of May, 1€06, or any other illegal block-
* ade % as is underltood to be the cafe, it removes a great obfbcle
to an accommodation. The prefident confiders it an indicatiQn
of a difpbfition in the Britifh government to accommodate the
differences which fubfift between the pountries, and I am in.
firu&td to allure you, that if fuch difpofition really exifts, ^nd is
perfevered in, and is extended to other obje6ls, ef pecially the im-
portant one of impressment, a durable and happy peace and re-
conciliation cannot fail to refult from it/'

Mr. Ruflell to the Secretary of State, inclofing a correspondence
with Lord Caftlereagh, on the fubjeft of anArmiftice.

Mr. Russell to Mr. Monroe.

London^ September 1, 1813.

SIR, .

You will perceive by the inclofed copies of notes which have

paffed between Lord Caftlereagh and me, Jhat the moderate and

equitable terms propofed for a fufpenfion of hoftilities, have been

reacted, and that it is my intention to return immediately to

the United States.

My continuance here, after it has been fo broadly intimated
to me by his lordihip that I am no longer acknowledged in my
diplomatic capacity, and after a knowledge thai: inftru&ions are
given to the Britifh admiral to negociate an arrangement on the
other fide of the Atlantic, would, in my vie w of the fubje&> riot
only be ufclets but improper.

It is probable, however, that the veflel in which I propofe to
embark, will not take her departure before the 15th or 20th of

this month?
I have the honor to be, with great confideratten, Sir, your at

fared and obedient fervant, - *

(Signed) JONA. RUSSELL.

James Monroe, esq* &*•

Congressional reporter. i»

i I

Mr. Russell to Lord Castlereagh. i

London^ %4>th August, 1812.

MY LORD, l . r f , .

It is only neceflary, I trutt, to call the attention of your lord- • 5j

(hip to a review of the conduct of the government of the United
States, to prove incontrovertibly its unceafing anxiety to main-
tain the relations of peace and friendftrip with Great Britain.
Its patience in fufFerjng the many wrongs which it has received,
and its perfeverance in endeavoring by amicable means to obtain'
redrefe, are known to the world." Defpairmg, at length, ol re-
caving this redrefs from thejufticeol the Britilh government,
to which it had fo often applied in vain, and feeling that % fur* *
ther forbearance would be a virtual furrender of interests and 1

rights e&ntial to the profperity and independence of the nation, ]

confided to its protection, it has been compelled to diicharge
its high duty by an appeal to arms. While, however, it regards
this courfe as the only on? which remained tor it tp purtue with
a hope of preserving any portion of that kind of character which
conftltmes the vital ftrength of every lotion, yet it is itiil wil-
ling to give another proof of the fpirit whveh has uniformly clil-
tinguiThed its proceedings, by feekihg to an yft> on terms con-
fiftent with juftice and honor, the calamities of: war. it has,
therefore, authorized me t6 ttipulate with his BritaoC 16 ' maielty s
government an armiftice, to commence at of before the CK ^y^l
tion of 60 days after the lignature of the inftrument proviu. *
for it, on condition that the orders in council be repealed, ana
no illegal blockades be fubftituted to them, and that orders b$
immediately ^given to difcontinue the impreffmentof perfons
from American veflels, and to reftore the citizens of the United
States already imprtffed ; it being moreover well underftood
that the Britifh government will aflent tq enter into definitive
arrangements, as foon as may be, on thefe and every other dif-
ference* by a treaty to v be concluded either at London or Waih*
ington, as, on an impartial confideration of exifting circumftan-
ces, (hall be deemed moft expedient.

t As an inducement to Great Britain to difcontinue the prac-
tice of impreffment from American vcflels, lam authorized to
give affurance that a law fhall be paflfed (to be reciprocal) to
prohibit the employment ot Britifh feamen in the public or
commercial fervice of the United plates.

It is fincerely belie ved # that fuch an arrangement w©uld provfe
more efficacious in fecuring to Great Britain her feamen than the
practice of impreffment, fo derogatory to the fovereign attributes
of the United States, and fo incompatible with the perfonal rights
of their citizens.

Your lordfhip will not be furprifed that I have prefented the
revocation of the orders in council as a preliminary to the fuf-
IpenQoa of hoftilitks, when it is confidered jhattheact of the

CONGRESSIONAL REPORTER.

■

Britifh government of the 23d of June laft, ordaining that revo-
cation, is ►predicated on conditions, the performance of which is
rendered impracticable by the change which is fince known to
have occurred in the relations between the two countries. It
cannot now be expected that the government of the United
States will, immediately on due notice of that aft, revoke, or
caujfe to be revoked, its a&s, excluding from the waters and har.
bors of the United States all Briiiih armed veffcls, and interdict*
ing commercial intercourse with Great Britain. Such a pro*
cedure would neceflarily involve confequences too unreafonable
and extravagant to be, for a moment, pre famed. The order in
council of the 23d of June laft will, therefore, according to its
#wn terms, be null and of no tjjfed, and a new aft of the Briti(h
government, adapted to <xifting circumftances, is^ obviously re-
quired for the effectual repeal of the orders in council, of whifch
the United States complain. *

„ The government of the United States corifiders indemnity
for injuries received under the orders in council, and. other
cdifts^ violating the rights of the American nation, to be inci-
dent to their repeal, and it believes that fatisfaftory provifiori
will be made in the definitive treaty, to be hereafter negotiated,
for this purpofe. # {

The conditions now offered to the Britifh government for the
termination of the war by an armiftice, as above ftated? arc fa
moderate afod juft in themfeives, and fp entirely confiftent with
its intereft and honor, that a confident hope is indulged, that it j
.wilt not hefitate to accept them. In fo doing, it will abandon no
Vight, it will facrifice N no irit(rreft ; it .will abftain only s from vio-
lating th^ rights of the United States, and, in return, it wil\
reftorc peace with the power^ from whom, in a friendly £om-
jnercial intercourfe, fo many advantages are to be derived.

Your lordfhip is undoubtedly aw'are of the ferious difficulties
with which a profecutjon of the wap, even for a fliort period,
mud neceflarily embarMfs all future attempts at accomtnoda^
tion. Paflions exafperated by injuries— alliances or conquefls
on terms which forbid their abandonment, will inevitably here-
after embitter and protraft a conteft which might new be to
euiily and happily terminated.

deeply impreffed with thefe truths, I cannot but perfuade
myfelf that his royal highnefs, the prince regent, will take into
his early. confiderat ion the propofttions, ,1k n in made on behalf
ofthe United Stgtes, and decide on them in a fpirit of concilia-
tion and juft ice. ; t «'■ '

I have the horror to be, with high confidera^on, my lord,
your lordfhip Vrnoft obedient ie< vant,

(Signed) JONATHAN RUSSELL.

SIR

CONGRESSIONAL REPORTER. s 21

Lord Castlereagh to Mr. Russell.

Foreign Office, August 29, 1811.

ALTHOUGH the diplomatic relations between the two gov^
ernments have been terminated by a declaration of war on the
part of the United States, X have not hefitated under the pecu-
liar circumftances of the cafe, and the Authority under whicfr
you a6\, to fubffiit to the prince regent the propofition contain*
ed in your letter of the 24th, for a iufpenfiortof hoftilities,
m Frotn the period at which your inftru&ions tnuft have been
issued, it f is obvioir^ihat this overture was determined upon by
the government of the United States, in ignorance of the order
itl council of the 23d June laft, and, as you inform me that you
are not at liberty to depart from the conditions let forth in your
letter, it only.remains for me to acquaint you that the prince
regent feels himfelf under the neceffity of declining to accede to
the propofition therein contained * as being, on various grounds,
absolutely inadmifiible. - , " .'

As foon as there was reafon to apprehend that Mr. Fofter's
functions might have ceafed in America, and that he might
have been obliged to withdraw hinrfelf* in confequence of war
being declared, from the United States, before the abovemen-
tioned order of the $3d of June, and the inftru&ions confequent
thereupon could have reached him, mealurcs were taken for
authorizing the Britifh admiral on the American ftationtopro-
pofe to the government of the United States an immediate and
reciprocal revocation of ' all hoftile orders, with the tender of
giving full effl €i> in the event of hoftilities being difcontinued,
to the provifioBS of the faid order, upon the conditions thereif*
Jpecified. K

From this ftatement you will perceive that the view you have
taken of this part of the fubjcdl is incorre£fc ; and that in the
prefent ftatc of the relations between the two countries, the
operation of the erder.of the 23d June can only be defeated by
a refufal on the part of your government to defift from hoftili-
ties, or to comply with the conditions expressed in the faid
order. * v

Under the circumftances of your having ho powers to nego-
tiate' 1 muft decline entering,, into a detailed difcuflion pf the
propofitions which you have be;en directed to bring forward.

I cannot, however, refrain on one fingle pvint from expreffing
my furprife, namely, that as a condition preliminary even to k a
fufpenfion of hoftilities, the government of the United States
. fhouldhave thought fit to demand that the Britifh government
fhould delift from its ancient and accuftomed practice of im- .
pre fling Britifh feamen from the merchant ships of a foreign
ftate, fimply on the assurance that a law (hall hereafter b^

22 CONGRESSIONAL REPORTER.

passed, to prohibit the employment of Britifh teamen in the
public or commercial fervice of | that ftate.

The Britifh government now, as heretofore, is ready to re-
ceive from the government of the United States, and amicably
to difcufs, any propofitiou which professes to have in view either
to check < bufe in the exercife of the practice of impressment,
or to accomplifh, by means left liable to vexation, the objeft
for which impreijment has hitherto been found ncceflary ; but
thty cannot conjfrnt .to fufpend the exercife of a right upon
which the naval flrtngth of tl\e empire mainly depends, until
they are fully convinced that means can be cjevifr d, and will be
adopted, by which the objeft to be obtained by the exercife of
that right can be effectually fecgred.
1 have the honor to be, Sir, your moll obedient humble fer'vt.
(Signed) CASTL^REAGH.

Jonathan Russell, Efquire, &c. &c.

Mr. Russell to Lord Castlereagh. \

- •

* s ' 18 Mmiick Street, /September 1st, 1812.

MY LORD,

I have learnt wfch much regret by your lordship's note, dat-
ed the 29th ultimo, which I did not receive until this morning,
that the prince regent has thought proper to decline to accede^to j
the proposition for a suspension of hostilities, contained in my
note of the 2ith of August. '

It has been m&tter of surprise to we that my viety with regard
to the revocation of the orders in council, on the 23d of June fast,
should have been considered to have been incorrect, when it ap- *
pears by your lordship's note that the British government itself
has deemed it necessary to gite powers to the British admiral to
stipulate for its full effect, and thereby admitted that a new act
was required for that purpose.

It now onJy remains for me to anhounee to your lordship that
it is my intention to embark immediately at Plymouth on board
the ship Lai k* for the TJnited States, and to request that permis-
sion may he granted, as sobu as may be, for the embarkation of my <
servants, baggage, and the effects off this legation, and that the
necessary passports may be furnished for my ' own and their safe
conduct to that destination. \

I avail myself of this occasion to apprize your lordship that I
^m authorized by the government of the United States to leave
Reuben Gaunt Beasley. Esq. as its agent for prisoners of war jtat
tbis country, and to desire that every necessary facility may be
afforded him in the exercise of that trust, by the British govern- \
ment.

I have the honor to be, &c.
(Signed) ' JONA. BTJSSELL. j

The righj honorable Lord Castlereagh, &c« .

> .fa.

CONGRESSIONAL REPORTER. 23

Mr. Russell to Mr. Monroe.

London, September Sd, 1812.
SIR,

I enclose herein a eopy ot a note received yesterday from
Lord €astlereagh, which will acquaint yo*u that I have obtained
my passports to return to the United States, and that Mr. Beas-
Jey is permitted to remain here as agent for prisoners of war.

Immediately on demanding my passports, I addressed to the
consuls a circular, of which you will also find a copy inclosed.

The Swiftsure packet sailed on the 31 st of last month from
Falmouth for America, and it is very probable that she takes out
instructions suggested by the overture made bore, but there is no
reason to believe that they ean be of a nature to satisfy the Unit-
ed States*

I have the honor to be, &e.
(Signed)\ JONA. RUSSELL*

SIR,

LORD CASTLEREAGH TO MR. RUSSELL.

Foreign Office, September %i f 1812.

I have laid before his royal highness, the prince regent,
your letter of the 1st instant, in which you announce your inten-
tion to embark immediately at Plymouth on board t^e ship Lark*
for tho United States.

I have already had the honor of forwarding to you an admiral*
ty order for the protection of that ship as a cartel, on her voyage
to America ; and I herewith inclose to you a passport for tho
free embarkation of yourself and family, in conformity to your
request. The lords commissioners of his majesty's treasury will
issue directions to the commissioners of the customs to give eve*
ry facility to the embarkation of your effects.

If, previous to your departure from England, you ean point out
tome any particular manner in which I eaa facilitate your ar-
rangements, I beg that you will command my services.

Bis royal highness has commanded me to signify to you, for
the information of your government, that there will be no difficul-
ty in allowing Mr. R. G. Beasley, as stated in your letter, to re-
side in this country as the United States' agent for prisoners of
war.

I havo the honor to be, &c«
(Signed) CASTLEREAGH.

24 CONGRESSIONAL REPORTER.

Letter from Admiral Warren to the Secretary of State, with his answer —

thereto.

Admiral Warren to the Secretary of State.

Halifax, Jfova-Scotia, September 30, 1812*
SIB,

The departure of Mr. Foster from America, lias devolved
upon me the charge of making known to you, for the information
of the government of the United States, the sentiments enter-
tained by his royal highness, the prince regent, upon the existing
relation? of the two countries. ; m <

You will observe from the inclosed copy of an order in Council /
bearing dale the 23d of June, 1813, that the orders in council .
of the 7 tb of January ,1807, and the 26th of April, 1809, ceased
to exist nearly at the same time that the government of the Unit-
ed States declared war against his majestyr

Immediately on the receipt of this declaration in London, the
order in council, of which a copy is herewith inclosed to you, was
issued on the 51st day of July, for the embargo and detention of
all American ships.

Under thv.se circumstances I am commanded to propose to ypur
government \he immediate cessation of hostilities between tha .
two countries, and I shall be most happy to be the instrument of
bringing about a reconciliation, so interesting and beneficial to
America and Great Britain.

I therefore propose to you, that the government of the United
States of America shall instantly recall their letters of marque
and reprisal against British ships, together with all orders and
instructions for any acts of hostility whatever against the terri-
tories of his majesty or the persons or property of his subjects ;
with the understanding that, immediately on my receiving from
you an official assurance to that effect, I shall instruct all the
officers under my command to desist from corresponding meas-
ures of war against the ships and property of the United States,
and that I shall transmit, without delay, corresponding intelli-
gence to the several parts of the world, where hostilities may
have commenced ; the British commanders in which will be re-
quired to discontinue hostilities from the receipt of such notice. *

Should the American government accede to the above proposal
for terminating hostilities, I am authorized to arrange with you,
as to the revocation of the laws which interdict the commerce
and shins of war of Great Britain from the harbors and waters
of the United States ; in default of which revocation within such
reasonable - periods as may be agreed upon, you will observe by
the order of the 23d June, the orders in council of January, 1S07,
and April, 1809, are to be revived.

The officer who conveys this letter to the American coast has "
received my orders to put to sea immediately upon the delivery

congressional Reporter. ss

p af this dispatch to the competent authority ; and I earnestly re-

^commend that no time may be lost in communicating to me the

dceisien of your government, persuaded as 1 feel, that it cannot

tout be of a nature to le»# to a speedy termination *f the present

differences.

The flag of truce which you may charge with your reply, will
find one of my eruizers at Sandy Hook teu days after the lauding
of this dispatch, which I haye directed to call there with a flag
of truce lor that purpose.

I have the honor, &o. % -

(Signed) JOHN BORLASE WxlRREN,

JL&miral of the Blue
&n& Commander in Chief 9 GTo. &c. &c*

The Secretary of State to Admiral Warren.

DEPARTMENT OF STATE, ,

*Ottober27, 1812.
SIR,

I have4iad the honor to receive your letter of the 30th ulti*
mo, and to fubmit it to the consideration of the Pn fident. -
It appears thai you are authorized to propofe a ceffation of hcf.
tilkies between the United States and Great" Britain, on the
ground of the repeal of the orders in council, and in cafe the pro-
pofition is acceded to, totake mcafures in concert with this gov- ,
eminent to carry it into complete effect on both fides.

You ftate alfo, that you have it in charge, in that event, to
enter into an arrangement with the government of the Unfted
States for the repeal of the tews which interdict the fhips of war
and the commerce of Great Britain, from the harbors and wa-
ters of the United States* And you intimate that if the propofu
tion is not acceded to, the orders in council, repealed condition-
ally by that of the 23d Jime laft, will be revived againtt the com-
merce of the Uniied Stated

I am inftrufled to inform you that it will be; very fatisfa&ory .
to the f^efident to meet the Biitifh government in fuch ar.
nmgeriients as may terminate, without d* lay, the hotViiities
which nojv exift between the United Statesond Great Britain,
on conditions honorable to both nations.

At the moment of the declaration of war f the prefident gave a

fignal proof of the attachment of the United States to peace. In.

1 ftruftions were given at thiH early period, to the late charge de$

r afiaires of the United States at London, to propofe to the Britifh

It government an armifticepn conditions which it was prelumed

, would have been fetisfa&ory* . It has been feen with regret that

the propofition made by Mr. RulMl, particularly in regard to .

the important intcreft of impreffment, was rejedled, and that

acme was offered, through that channel, as a bafis on which hof-

Witfes might ceafc.

26 CONGRESSIONAL REPORTEk

As your government has authorifed you to propofe a cefTation
of hoftilities, and is doubtlcfs aware of the important an^ falutary
effitl which a fatisfa£lory adjuftment of this difference cannot
fsil to have on the future relations betwetn the two countries, I
indulge the hope that it has, ere this, given you full pqwer for
the purpofe. Experience has evinced that no peace can be dur-
able unlcfe this object is provided for. It is presumed, there-
fore, that it is equally the intcrtftof both countries to adjuft it
at this time, -

Without farther difcufling queftiqis of right, the prcfidont is
deiirous to provide a remedy ior the evils complained of on both
fides* The claim of the Britiih government is to take from the
merchant vtfl. Is of other countries Britiih fubje&s. In the
practice, the commanders of Britiih lhips of war often take from
the merchant veffels of the United States, American citizens. If
the United Sta. to prohibit the emplov ment of Britiih fubjects
in the ir fervice, and enforce the prohibition by fuitable regula-
tions and penalties, the motive for the pra£lice is taken away.
It is in this mode that the prtfident is willing to accommodate
this important controve rfy with the Brhifh government, and it
cannot be conceived on what ground the arrangement can be rq-
fufed.

' A fijfpenfion of the pra£liceof impreflment^. pending the ar-
miftice* feems to be a ncceffary confequence. It cannot be pre-
fumed, while the parties are engaged in a negotiation to adjuft
amicably this important difference, that the United States would
admit the right,or acquicfee in the practice of the oppofite party,
or that Great Britain would be unwilling to reftrai nher cruiftrs
from a practice which would have the ftrongeft tendency to de-
feat the negotiation. It is prtfumable that both parties would
enter into the ncgociation with a fincere defire to give it effect.
For this purpofe it is necefiary that a clear and diltintl under-
(tanding be firfl obtained between them, of the accommodation
which each is prepared to make. If the Britiih government is
willing to fufpend the practice of impreflment from American
vcsfels,un confederation that the United States will exclude Brit,
iih ieamen from their fervice, the regulations by which this com-
promile Ihould be carried into effect would be, folely the ob-
ject of negotiation. The armiftice would be of fhort duration.
If the parties agreed, peace would be the reftjlt. If the negotia-
tion failed, each would be rtftored to its former flate, and to all
its pretentions, by recurring to war.

Lord Caftlercagh, in his note to Mr. Rufsell, feems to have
fuppofed that hacTthc Britiih government accepted the propofi-
tion made to it. Great Britain would have fufpended, immedi-
ately, the exercise of a right, on the mere afsurance of this gov-
ernment, that a law would be afterwards passedHo prohibit the
employment of Britifh feamenin the fervice of the United States,
and that Great Biitaiu would halve no agency in the regulations

CONGRESSIONAL REPORTER. 27

to give effeft to that prohibition. Such ?n idea was not in the
contemplation of this government, nor is it to be repfonably in-
ferred from Mr, Russell's note. Left, however, by poffibility
fuch an inference might be drawn from the inftru&ions to Mr.
Russell, and anxious that there fhould be no mifunrierftandingin
the cafe, subtfquent inftru£lions were given to Mr. Russell,
with a view to obviate every objetUon of the kind alluded to.
As they beat date on the $7th of July, and were forwarded by
the Britilh packet Althea, it is more than probable chat they may
hav$ been received and a£\ed on-

I am happy to explain to you thus fully the views of my gov-
ernment on this important fubject. Theprefident defires that
the war which exifts between our countries {hould be termina-
ted on fuch conditions as may llcure a folid and durable peace,
To accomplifh this great cbjefl it is necessary that the intcreft
of impressment be Satisfactorily arranged. He is willing that
Gceat Britain (hould be fecured againft the evils of which she
complains. He fecks on the other hand* that the citizens of the
United States fhould be prott&ed againft a practice, which,
while it degrades the nation, deprives them of their rights as
freemen, take* them by forte from their families and their coun-
try into la foreign fervice to fight the battles of a foreign powe r t
perhaps againft their own kindred and country- m

1 abftain from entering, in this communication, into other
grounds of difference. The orders in council having been re-
pealed, with & reservation not impairing, a correfponding right
on the part of the United States, and no illegal blockades, re-
vived or inftituted in their ftead, and an underftanding being ob-
tained on the fubjeSt of impressment, in the mode herein pro-
pofed, the prefident is willing to agree to a cessation of hoftilities
nyith a view to arrange by treaty, in a more diftinfl and ample
manner, and to the fatisfa&ion of both parties, every other fub-
ject of conrroverfy.

I will only add that,if there be no obje&ion to an accommo-
dation of the difference relating to impressment in the mode
propofed other than tfye fufpenfion of the Britifh claim to im-
pressment during the armiftice, there can be none to proceeding
without the armiftice, to an immediate difcussion and arrange-
hient of an article on that fubjeft. This great queftion being
iatisfactorily adjufted, the way will be open for an armiftice, or
any other courfeieading moft conveniently and expeditioufly
to a general pacification. #

I have the honor, &c.
(Signed) JAMES MONROE.

- \

•A/'y/XArA/V^'o

To the Senate pnd House of Representatives of tfie U. S.
For the furthe# information of Congress, relative to the pacif*
ic advances made on the part of the government to that of Great

28 CONGRESSIONAL REPORTER-

Britain, and the manner in which they have J>een met by the
the latter, I tranfmit the fetjuel of the communications on that
iubje&, received from the fete Charged' affaires at London.

JAMES MADISON.
November 12, 1812.

DOCUMENTS WITHTHE MESSAGE.

Mr. Russell to Mr. Monroe.

L jndon, 19th September* 1812.

Silt — On the 12thii.ll. I received your letter of the 27th of
July laft, and the copies of my note to Lord Caftlereafeh, and or
bis Lordihip's reply encloled herein, will inform *you that the
propofitions,*made in conftquence of it, have bccnrejr&ed.

As I have hut this moment heard of the immediate departure

. bf the Friends, I h^ve time only to add, that I have received the

communications of Mr. Graham of the 9ch and 10th of Augoft

by the Gl«aner,and that, I leave London this evening, to embark

on board the Lark, at Ply mouth, for New- York.

I am, with great rcfpedl and confederation, Sir, your faithful
and obedit nt lervant,

(Signed) JONA. RUSSELL.

P. S. An interefting interview took place between Lord Caf-
tlereaghand myC-ifon the 16th inft. the account of which I
muft,libr want, of time, rtferve until I have the honor to fee yoiu

Mr. Russell to LordCastlereagh .

18, Ik-minck St. 12tii Sept, 1812.
Private.

My Lord — In cenfequenee of additional inftru&ions x^hich
I. received from fay government this naming, I called about
noon at the Foreign Office, and found with regret that your
lordPnip was out of town. My object was to communicate to
your lord (hip the powers under which I aft, that you might
perceive their validity and extent. I have however fought to
flate them fuhftau&lly in the official letter which I have herewith
the honor to tranfmit to your lordihip, but (hould you find any
tiling that (lands in need of explanation, previous to being fnb-
mittcd to his Koyal Highness, I (hall remain at 18, Bentinck
Street, to receive the commands of your lordfhip. If your lord*
(hipcQuld, in courtefy, find any motive in my perfonal conven-
ience to haften a deciiion upon the propofitions which I have
fubmiited ; the feafon of the year, my anxiety to depart (all my
arrangementsi>effig made and all my baggage having left town)
and! the detention of the Larkat much expenfe, will plead pow-
j erfully in my favor. # , ' -

I have the honor to he, with great confideration, your lord-
I Chip's very obedient ^nd yfcry humble fervant.
\ (Signed) JONA. RUSSELL-

Lord Fiscount Ca$tkre4gh % V* /

CONGRESSIONAL REPORTER. 29

Mr. Russell to Lord Castlereagh. t - •

18, Bentinck St. 12 Sept. 1812.

My LoRD-^Ihaften,authorifed by inftruQions recently re-
ceived from the government of the United States, and urged by
an unfeigned anxiety to arrdl the calamities of war, to propofe
tayour lordfllip a convention forthe fulpenfion of hoiftilitias, to
take effect at fuch time as maybe mutually agreed upon, and
ftipulatiiig that each party shall forthwith appoint corrimiffioners,
with full powers to form a v treaty, 'which shall provide, by recip-
rocal arrangements for the fecurity of their feamen, frbm being'
taken or employed in the fervice of the other power, for the reg-
ulation of their commerce, and all ptjaer interefting q ueions
now depending between them, and that the armiftice il\all not
ceafe without fuch previous notice by one to t he oth^r party, as
may be agreied upon, and (hall not be underftoodas having any
other effedt, than merely to fufpend military operations by land
and by fea.

In' propofing to your lordfhip thefe terms for a fufpenfion of
hoftilities, 1 am inftru&ed to eome to a clear and diftinft under-
(landing with his Britannic -Majcfty's government, without re*
quiring it to be formal, concerning impressment, comprising ia
it the dilcharge of the citizens of the United States already im-
pressed ; and concerning future blockades ; the revocation of
the orders in council being confirmed. .

Your lordfhip fe aware that the power of the government of
the United States to prohibit the employment of Britifh feamen
tnuft be exercifed in the ienfe and fpirit of the conftitution, but
there is no reafon to doubt but that it will be fo exercifed e|fe£tu«
ally and with good faith. ^ ^ . ' »

Such a meafure, as it might by fuitable regulations and penal*
tiei be made completely tffc&ual and fatis&Story, would oper-
ate almolt exclusively in favor of Great Britain ; for as few A*
raericanliam^n ever enter voluntarily into die British lervice >
the reciprocity would be nbminal,and it isfincerely believed that
it would be more than ah equivalent for any advantage (he may
derive from impressment.

By the proportion which I have npw the honor to make in
behalf of my government, your lordfllip will perceive the earneft
defire of the prefident to remove every obltaclc to an accommo-
dation, which confifts merely of form ; and to fecure the right*
and interefts of the United States in a manner the mod fatisfac-
tory and honorable to Great Britain as well as to America.

The importance of the overture now made, will, I truft, obtain
for it the early'coniUeration of his Royal Highnefs the Prince
Regent, and I fiiall detain the ve(fel in which I have-taken my
paflage ro the United States/ until I have the honor to learn his
deciiioiu

30 CONGRESSIONAL REPORTER.

I have the honor to be, , n>y Lord/ with high confideratiort,
your Lordfhip's moft obedient fervant*

(Signed) JONA. RUSSELL.

Lqrd VifcouiitrCaftlereagh, &c. &c.

Lord Castlereagh to Mr. Russell
Lord Caftlcreagh prefents his compliments to Mr. Ruflfell*
and requtrfts to have the honor offering him at his houie ia St-
James* Square, at 9 o'clock this evening.
Foreign office* Sept. 16, 1812.

N. B- — Received a little before 5 o'clock,

Mr. Hamilton to Mr. RusselL

Dear Sir— *I have not feen Lord Caftlereagh fince his re-
ceipt of your two ktters of the but have received his di-

reftions to fay to you that he is concerned that he cannot have
it in his power to reply to them for a few days ; or would have
had much pleafure in attending immediately to your requeft in
that refpeft. You may be allured that no delay will take place,
which can be avoided.

I am, dear fir, faithfully yours,

W.HAMILTON.

Foreign office, S^pt. 16, 1812.
Jonathan RusselL Esq* &c.

Mr* Russell to Mr* Hamilton. s
De a a Sir — I have karnt with much regret and difappoint-
ment, that Lord Caftlereagh has directed you to inform me that
it is not in his power to give an immediate anfwer to the laft let-
ters which I have had the honor to address to him- The qbje6l
of thofe letters was of a nature to require an early decifun- Re-
luctant, however, by any precipitancy on my part, to^ protrafl
the prcfent unhappy relations between the two countries, I beg
you to acquaint his lordlhip that I (hall remain in towji until
Sunday (the 20th inft.) when, unkfs fome fpecial and fatisfa&o-
ry reafon be affigned for a longer delay, I (hall confider it to be
my duty to proceed to Plymouth to embark for the United
States.
i am, dear fir, with great truth and rcfjieft, your ob't C-rv't
(Signed) JONA. RUSSELL.

\% % jfentinckSu\GthSe1>u\%\2.\

N« B.— Sent at 3 o'clock. .\

Lord Castkreagb to Mr. Russell.

Foreign Office, Sept. 18, 1812*
Sir — Under the explanations you have afforded me of the
nature of the inftruftions which you have received from your

CONGRESSIONAL REPORTER. . 31

government, I have, as on the preceding, occafibn, been induced
to lay your letter of the 12th inft. befcre his JKoyal Highnefs the
Prince Refcent,'

His Royal Highnefs commands me to exprf (s to you his re-'
gret that he cannot perceive any fuhftantial difference between
the proportion for a fufpehfion of hoftilitk s which you are now
directed to make, and that which was contained in your letter*
of the 24th of Aug. laft. The form of the propofed arrange-
ment, it is true, is different ; but it only appears to aim at exe-
cuting the feme purpofe in a more covert, and, therefore, in a
more objectionable manner.

You are now dire&ed to v require, as preliminary to a fufpen-
Con of hoftilities, a clear and jdiftinct underftanding, without*
however, requiring it to be formal on all the pointsreferred to in
your former propofition, It is obvious that, were this propo-
fal acceded to.the difcuffion on the feveiral points' rnuft fubftantial-
ly precede the underftanding required*

This courfe of proceeding^ bearing on the face of it a charac-
ter of diiguifc, is not only felt to be in principle inadmiffible, but
as unlikely to lead in practice to any advantageous refult ; as it
does not appear on the important subject of impressment that you
are either authorised to propofe any fpecific plan, with reference
to which the fufpehfion of that practice could be made a fubjecj;
of deliberation, or that you have received any inftructions for the
guidance of your conduct on Iqme of the leading principles*
which such a difcuffion muft in the firft inftance involve.

Under thefe circumftances the Prince Regent fincerely la-
ments that he does not feel himfelf enabled to depart from the
decifion, which I was directed to convey to you in my letter of
the2Uinft.

I have the honor to be, fir, your inqft obedient fervant,

v L n . n . CASTLEREAGH.

Jonathan Russell, Lsq.

Mr. Russell to Mr. Munroe.

n / \ t London, 19th Sept. 1812.

Sir — Since writing you this morning, fearing that this govp
eminent flrnuld infer from my filencean acquiefcence in the
ftrangeand unwarrantable view which Lord Caftlereagh has in
hib laft note thought fit to take of the overtures which I have
fubmitted, *nd of the powers under which I acted, I have con-
fiderud it my duty to return an answer, of which the cnclofed is
* copy. ^ '

With great confideratioh and refpect, I am, Sir, your assured
and obedient fervant. . " •

^(Signed) y JON A. RUSSELL.

V0theh(m'yame$Mw{roekz*

CONGRESSIONAL REPORTER

Mr. RumicU to Lvrd Cattkrtagh.

London, 19th Sept It 12.

Mr Lord— I had the honor to receive last evening your Lordship's

* note of yesterday ; and have karct with great regret and disappointment

.that His Royal Highness the Prince Regent has again rejected the juet

and moderate propositions for a suspension of hostilities, which I have

been instructed* to present on the part of my government..

After tha verbal explanations which I had the honor to^ afford your
lordship on the 16th inst. both as to the object and sufficiency,^ f pay in-
structions, I did not -expect to hear repeated aoy objections oq these"
poiats. For itself, the American government has nothing to disguise ;
and by varyirig the proposition as to the manner ol coming to a preliwun-
*ry understanding, it merely intended to leave to the British government '
that which might be most congenial to its feelings. The prDpehition* '
presented by me, however, on the 24th August and 12th inst are distin-
guishable by* diversity in the substance as well as in the mode of the ob-
ject whicii thef embr jced ; as by the former, the discontinuance of the
practice i«f impress men* was to be immediate, and to precede the prohib-
itory law of the U. Stntes relative to the employment of British seamen ;
when bv the latter, both these measures are deferred to take effect afraid-
tat) eously" hereafter .. • O

Having made a precise tender of such law, and exhibited the instruc-
tion* which warranted it, to your lordship, I have learnt whh surprise
that it does not appear to your lordship that I am authorised to propose
* any specific plan on the subject of Impressment. 1 still hope that the o-
tertures rnade by me m*y again be taken into consideration by his Brit-
annia maj -sty's government ; and as I leave town this afternoon for the
United States, that it wilt authorise some agent to proceed thither, and
adopt them as a b*sis for reconciliation between the two countries, an
event so devoutly to be wished.
. I have the honoi to be my Lord, your most obedient humble servant*

(Sij&ed) JONA. ReJSSELL,

The right honorable

Lord Castlertagh.&c:

Mr* Russell to Mr. Monro*.

} < (Private.)-

On board the'Lark, 7th Nov. iai2.

Sir— I have the honor to inform you that 1 am now passing the Nar-
•^ rows, and eXpeet to land in New York this day. I conceive it to be my

duty to repair to the seat of government, and shall set off as soon as I can
obtain my baggage. In the mean tkrte I am sorry to inform you, that
the second proposition for an armistice was rejected like the first, and a
vigorous prosecution of the war appears to be the o&ljr honorable alterna-
tive left us. - - ,

1 have the honor to be, with great consideration and respect, sir, your
/very obedient servant, JONA. RUSSELL.

The Honorable . *

JAMAS MONROE, Wc. Wc, &?c.

CONGRESSIONAL REPORTER, 3$

MESSAGE.

WEDNESDAY, »0V. 18, 1812. "*

The following Wssage was received from the President of the Unit,-
de tStates by his priv ate Secretary Mr. Coles :

To the Senate and Hunte of Reflretentativev, of the U. 8.
I transmit to Congress copies of a communication from Mr.lRussell to
the Secretary of State. It is connetted with the correspondence accom*
panying my message of the 12th tost, but had not at that date been re-
ceived.

JAMES MADISON*
Jfovember 18, 1812. I

DOCUMENTS

Accompanying the Message.

Mr. Russell to the Secretary of ;£tate>

Washington, Nov. 16, 1819.
Sir— I have the honor to hand you herewith an account of the con*
versation alluded to in a postcrlpt to my letter of the 19th of Sept. and
which I had not sufficient time then to eopy.

I have the honor to be with great consideration and respect, sir, your
obedient servant.

JON A. RUSSELL.
The Hon. James Monroe ', J£#$r. tfc* &c,

Mr. Russell to the Secretary of State;

~ London, Sept. 17, 1812.

Sib— On the 13th inst. I had the honor to receive your letter of the
27th of July last,*— I called immediately at the Foreign Office to pre*
pnre Lord Castlereagh, by imparting to him the nature and extent of
my instructions, for the communication which it became me to make
to him. His Lordship was in the, country audi was obliged to write to
him without previously seeing him. 1 however accompanied my official
note** (A*) with a pritate letter (B) offering explanation, if required,
and soHcitiiig dispaUh.

I waited until two o'clock, the 16th iastant, without hearing from his
Lordship, when I was much surprised at receiving a note (C) from Mr.
Hamilton, the under secretary, indefinitely postponirg an official reply.

To give more precision to the transaction, I instantly ad r^ssed to him
answer (D) and a little before five o'clock on the same day, i received
an invitation (E)from Lord Castlereagh,to meet him at his house that
evening at nine o'clock, - ' .

I waited on his Urdship, at the time appointed, in company with Mr*
Hamilton, at a table loaded with the record* ef American correspond
dence, which thay appeared*© have been examining.
. I was courteously received, and after a conversation of a few min-
utes on indifferent subjects I led the way to the business on which I
came, by ob*f r via g that I had once more been authorised to present the.
•U*^ branch and hoped it would not be again rejected.

His lordship observed that he had desired the interview to ascertain,
before h* aubm t ed my communication of the 46thin»t.tothe Prince Re-
gent, the form and na.ure of the powers under which I acted. To satisfy
him at once on both the points I put into his hands your letter of the
27th of July. I the more wiiingly adopted this mode of. procedure as,

•The notes here referred to have- already been communicated to Con-
tse.

Vol. II.— No, 3. bocvmestsv

S4 CONGRESSIONAL REPORTER.

, - . ->

besides the confidence which its frankness was calculated to produce
the letter itself would best, define my authority and prove the moderation
and conciliatory temper of my government.

His lordship read it attentively— He then commented at seme length
both on the shape and substance of my powers^ With regard to the
former he observed that all my authority, was contained in a letter
from the* Secretary of State, which, as my diplomatic functions h*d
ceased, appeared bttt a scanty foundation on which toplaeethe importait
arrangement I had been instructed to propose. With regard to the extent
ot ray powers, he could not perceive that they essentially differed
frtfm those under which I had brought forward the propositions
contained In my note of the 24th of August. He considered that to enter
with me into the understanding, required as a preliminary to- a conven-
tion for an armistice, he would be compelled to acton unequal ground,
as from his situation he mug necessarily pledge his government, when*
from the nature of my authority, I could give no similar pledge for
mine. He could not therefore think ot committing the British faith and
leaving the American government free to disregard Us engagements.
Besides it did not appear to fiim that at the date of my last instructions
the revocation of the orders -in council on the 23d of June, bad been
received at Washington, and that great hopes were entertained' of
the favorable effect such intelligence would produce there. The
question of impressment, he went on to observe, was attended with
difficulties of which neither {or my government appeared to. beaware.
~-»" Indeed," he continued, "there has evidently been . much misappre*
pension on this subject, and an erroneous belief entertained that an
arrangement, in regard to it, has been nearer an accomplishment than
the facts will warrant. Even our friends in Congress, I mean, (observ-
ing perhaps some alteration in my countenance) " those who were op-
posed to going to war with off, have been 90 confident in this mistake that
they have ascribed the- failure of such an arrangement solely to the
misconduct of the American government.— This error' probably origin^
ated with Mr; King, for being much esteemed here, and always -well
receivedby the persons then in power, he seems to have misconstrued
their readiness to listen to his representations, and their warm profes 1 -
sions of a disposrtionto remove the complaints of America, in relation to
impressment, into a supposed conviction on their part of the propriety
of adopting the plan* which he had proposed. BufLord St. Vincent, whoa*
he might have thought he had brought over to his opinions, appears nev-
er for a moment to have ceased to regard all arrangement on she
anbjetfto he attended) with formidable, if not insurmountable obstacles*.
ThiaiaobviQiisfpoav a letter which his Lordship addressed to Sir WiU
Mam Scott at, that time." Here Lord Castlereagh read a letter, contain*
ed in the records before him, in which Lord St. Vincent states to Sir
William- Scott the seal with which Mr. King had ' assailed him on the
Tt tb je e i of i mpressment, confesses his own perplexity and total incompe-
tency to discover any practical project for the safe discontinuance of
that practice and aslcs^rw counsel and advice. •• Thus you see,** pro-
ceeded Lord Castlereagh, •• tfiftTR^ xonifcrewa* *f Mr. King on this 5
point was entirely unfounded.'*

44 The extreme difficulty, if hot total impracticability of any sat-
isfactory arrangement for, the discontinuance of impressment rs most
clearly manifested by the result of the negotiation carried on bet****
Messrs Monroe and' Pinkney and Lords Auckland and Holland. The
doctrines of which these noblemen had been the advocates. ' when in*
opposition, bound them by ail the force of consistency to do everything un-
der theif vcom mission for the satisfaction ot America relative to impress-
meat, which the subject would possibly admit. There -were many cir-
cumstances on that occasion peculiarly propitious to an amicable ar-

; CONGRESSIONAL REPORTER. 5*

angement on this point, had snch an arrangement been at all attainable.
Both parties accordingly appear to have exhausted their ingenuity in
attempting to devise expedients satisfactorily to pertorm the office of?
impressment, and nothing can more conclusively demonstrate the inher-
ent difficulty of the matter, and the utter impossibility of finding the
expedient which they sought/ than that all their- labors, pursued oil
that occasion with bn sampled 'diligence, cordiality and good faith,
should have been in vain;" , '

His lordship now turned to a letter in a volume before him addressed
at the -close of the negotiation by these commissioners to the American
ministers, conceived . in the kindest spirit of conciliation, in which they
profess the most earnest desire to remove ail cause of complaint toft
! thepart of America concerning impressment, regret that their endeav-
j©rs ha<i hitherto been ineffectual, lament the necessity of continuing
J the practice, and promise to provide as far as possible against the a-'
?buseo£it.

•'If," resumed his lordship, " such was the result of negotiation en-
tertained under circumstances so highly favorable, where the pawers
aad the. disposition of the parties were limited only by the difficulties of
the subject, what reasonable expectation can be encouraged that in the*
actual state of things, with your circumscribed and imperfect authority,
we can come to* a- more successful issue ? I shall have to proeeed in so
weighty a concern with the utmost deliberation and circumspection ; and
it will be necessary for me'to consult the great law officers of the crown.
iYoH. are not aware- of the great sensibility and jealousy of the people of '
^England on this subject, and. no administration could expect to remain in
^ower that should consent to renounce the right of impressment, or to
suspend the practice, witheut the certainty of an arrangement which
should obviously be calculated most unequivocally to secure its objecs.
[Whether such an arrangement can be devised is extremely doubtful,
* Bt is very certain that you have no sufficient powers for its accomplish-
went/'
Such was the substance, and in many parts, the language of his Lord-
ip's discourse. f To which I replied that the main object of. my pow-
rs, being, to effect a suspension of hostilities, their form sould hot be
Uerial; It was sufficient that they, emanated trom competent authority
id were distinctly and clearly conferred. Thai in requiring as a con-
uion, to an armistice a clear understanding relative to impressment
other points of controversy between the two countries, it was intended
rely to lay the basis of an amicable adjustment and thereby to di-
loish. the probability of a renewal of hostilities. - To come to such
fl iderstanding, to be tfk itself informal, & which expressly left the de-
rails of the points which it embraced to be discussed and adjusted by
iaomtssioaers te be hereafter appointed, was certainly within the in-
tract icon which 1 had received, and Icould, of course, thus tar pledge
if government for its observance. I did not acknowledge the force of
U objection, predicated oh the inequality of our respective powers, nor
perceive, how -the British faith wt>uld be particularly committed. The;
fath of both governments would be equally committed, for whatever
*a»done under their respective authority ; and although his lordship,
•i&ht have power to go beyond the armistice and understanding for
tJmtch I was instructed, yet there was no necessity for doing so, and
-while we acted within those limits we stood on equal ground. And;
were it otherwise yet, as the promise of the one party would be sole

Csideration for the promise of the other, should either faft in the per-
nance of its engagements, the other would necessarily be discharge!
P*i the imjjutation- of bad faith- 'could alone attach to the first delinquent.
Ktr was * I dismayed at the very formidable difficulties with
vajch he hab thought proper to array the. subject of impressment.

36 CONGRESSIONAL REPORTER. . I

# - i

and although willing to acknowledge ray inferiority to the Americut
negotiators who had preceded roe in- the matter, yet I was. not dis-
posed oa account of their failure vto shrink fiom the discharge of a duff
imposed on me by my government. To me indeed the whole question ap-
peared much less alarming than his lprdship had described it to be.-
Aodthatif Mr. King had really been mistaken with regard to the near
completion of an adjustment, his lordstr.p must, on an attention to the
' whole correspondence at the time, acquit him from the impaction' of any
excessive want of penetration.

As to the supposed ignorance in America of the revocation oi the
orders in aouncil, at the time my instructions were dated, I observed,
that if this ignorance did in fact exist, yet, from certain expressions In
those instructions, an expectation of such a measure seems to Have been
confidently entertained, and the orders in council appeared no longer
to form an obstacle to a conciliation.— However this might he* it ought
not to be supposed that the American government would be ready to
abandon one main point for which it contended merely/ because it had
obtained another, which was generally considered, to be of minor import*
ance, and to submit to the continuance of impressment on account of
the discontinuance ofche orders in council. At any rate, having author-
ized me to propose terms of accommodation here, it would probably
wait for information concerning the manner in which they had -been re*
reived, before it would consent to more unfavorable conditions. In the
mean time, the war would be prosecuted, and might produce new ©bsta- .
cles; to a pacific arrangement. I whs happy to learn that the failure
of a former negotiation concerning Impressment could not be ascribed to- 1
a want of sincerity and moderation in the American government; and I \
hoped the mode now suggested for securing to G, Britain her own sea-'
men might remove the difficulties which had hitherto embarrassed this f
question. If the people of England were so jealous and sensitive with*
regard to the exercise of this harsh practice, what ought to be the feel 4 '
ings of the people of America who were the victims of it ? In the U. S*
this practice of impressment was considered as bearing a strong resem-
blance to the slave trade,} aggravated indeed in some of its features/.
as the Negro was purchased already bereft of his liberty, and his
slavery and exile were at least mitigated by his exemption' from dan-
ger, by the interested forbearance of his task master, and the con*
sciousness that if he could no km ge ^associate with those who were dear
tot hhn he was not compelled to do them injury— white the America*
citizen is torn, without price, at ooce from all the blessings of free-
dom ftpd all the charities of social life, subjected to military law, ex-
posed to incessant perils, and forced at times to .hazard his life in des-
poiling or destroying -his kindred and countrymen. It was matter of
astonishment that while G. Britain discovered such aeal for the aboli-
tion of the traffic in the barbarous - and unbelieving natives of Africa, as
to endeavor to force it on her reluctant allies, that she should so ob-
stinately adhere to the practice of impressing American citizens, whose
civilization, religion, and blood, so obviously demand a more favorable
distinction.

I next pointed^nt tw his Lordship the difference between the proposi-
tions whteh I now submitted, and those contained in my note of the 24th
of August. That although the object of both was essentially the earn*,
there was gneat diversity in the manner of obtaining it The discon-
tinuance of the practice* of impressment, which was before required te-
be immediate and constitute a formal preliminary to an armistice, was
now deferred to commence contemporaneously with the operation of the
law of the U. States prohibiting the employment of British seame«v
and was consigned, with the other conditions, to a separate and informal
arrangement. Jfr this way it was no doubt intended, by resecting?

CONGRESSIONAL REPORTER.

the feelings of the British government, lo obviate any objection which

jmight have been the mere suijgesaonof it»*pride. ."

t fioall) offered in order to answer at once all the observations and
enquries of Lord Castlereagh, that the proposed understanding . should
fce expressed in the most general tarmt — that the laws, to take effect
on the discontinuance of the fir ac lice of impressment, should prohibit
the employment of the native subjects or citizens of the one state, except-
ing set h only as had already been . naturalized, on board the private and
jmoiic sjiips of the other — thus removing any objection that might have
bee a raised with regard for the future effect of natovattsattoo or the
lermal reauciation ofany pretended right. With regard to blockades, I
proposed to follow, the same course, aud-only to agree that none should be
instituted by either party which were not conformable'to the acknowl-
edged laws of nations— leaving the definition of such blockades, and ajl
•other detail*, to he settled by the commissioners 1 a the definitive treaty,
I was disappointed and grieved to find that these propositions, mod-
erate and lioeral as they were, should be treated , in a manner which
iorbid me to expect their acceptance. I~Vas *ve* asked,by Mr. Ham-
ilton if the^ U. S. would deliver up, the native British seamen who might
be naturalized in America ? Altho' shocked at this demand, 1 mildly
replied that sufch a procedure would be disgraceful to America without
being useful t©G Britain— that the habits of seamen were so peculiarly
•unaccommodating that no ene would patiently go through the long pro-
bation required by law, to become the citizen of a country where he
could not pursue his professional occupations— and that not to employ
him in this way would b* virtually to surrender him to <*. Britain.

I was disposed to believe, however, that a reciprocal arrangement
nigkt'be made for giving up deserters from public vessels. >

Here, perhaps, 1 owe an apology to my government, for having,
without it* precise commands, hazarded the overture above mentioned,
relative to British subjects who may hereafter become aitisens of the U.
S. In taking this step, however, I persuaded myself that I -did not
trespass against the spirit of the instructions which I had received; and
had the proposition becm accepted, 1 should not have been without all

9 hope that it would have been approved by the President, as its pros-
pective operation would have prevented injustice, and its reciprocity
4isgra6e» .Should I however, urged by too great* zeal to produce an

1 accommodation, have mistaken herein the intentions of the President, I
still should have derived some consolation from reflecting that this pro*
position, thus frankly and explicitly made, afforded an opportunity of
satisfactorily testing the disposition of this government and rtught be
useful in removing much misconception and error. The refusal of this
proposition sufficiently explains the -view with wfltich I was assailed with
the ostentatious parade of the abortive negociations refative to impress*
ment ; the exaggeration of its pretended difficulties ; the artificial so-
lemnity given to its character ; the affected sensibility to the popular
sentiment, concerning it ; and the fastidious exception taken to my pow-
ers, and proves most unequivocally t ho predetermination of the British
government to reject, at this time,, e^ry overture for the discontinu-
ance of this degrading practice.

Most unfeignadly desiring to suspend the existing hostilities between
the tvfe states with a reasonable prospect of finally terminating them in a
manner honorable to both, I perhaps presumed with too rnuchearnestness
tbeadoption of the arrangement which I was instructed to propose; for lord
Castlereagh once observed somewhat loftily, that if the American gov-
ernment was too anxtous to get rid of the war, it would have an oppartu*
aity of doing so on learning the revocation of the orders in council ,1 kit

CONGRESSIONAL REPORTER.

constrained op this occasion to assure his Lordship that the anxiety tf
the American government to get rid of the war jm only aproof of the sin-
cerity with which it has constantly sought to avoid it,but that no tvem had
occurred, it was apprehended} to increase this anxiety. .His Lordship,
correcting his manner, rejoined, that it was «pf his intention to say any
thins: offensive, but merely to suggest that if the American government
sincerely wished for a restoration of the friendly relations between Ike
two countries, it would consider the revocation of the orders in council
as affording a fair occasion for the attainment of that object. After a
Jjause of a few moments he added, that if the U. S. did not avail them-
selves of this occasion, not only to put an end to the war, which they bad
declared hut to perform the conditions on which those orders were re-
voked, that the orders would, of course revive. 1 could not forbear to
remind his Lordsnip,that when Itook this view of the subject,in my note
of the 24th of Aug. he had found it to be incorrect; but hoped that, now I
was so fortunate as to agree with him on this point,some provision would
be made, in case the terms proposed for an armistice should be accepted
to prevent the revival of those edicts. His lordship attempted to explain,
but I could net distinctly seize his meaning.

The conversation ended with an assurance on the part of his lordship
that he would with as little delay as possible communicate officially to
me the decision of the Prince Regent, and I took my leave, forbidden to
hope, that, while the present opinion of the American people prevail hen
this decision will be favorable.

I have the honor to be, with great consideration and respect, sir, yotrr
, faithful servant. JONA. RUSSELL.

«* ■ ■n*»wr»/\yvn/'.yxx\y*»

«»

LETTER

From Mr. Russell to the Secretary of State, inclosing a corr&-
f onience %vUh Lor A C ostler tagh, on the subject of the repeal <jf
the (Orders in Council.

SIR,

Mr. RnsseM to S\fr. Mdriroe.

; London, 25th Mat, 1812.

I have the honor to hand yota herein a copy of my note of
the 20th of this month, communicating to Lord CaftlereagM
decree of the French government, dated the 28th of February,
1811, and of two letters of the French minifters q! the 25th of
December, 1&10* I alio fend you copies of that decree, and
of a note from his lordftiip r acknowledging the receipt of my-
communication, and engaging to ftibmit the documents above
mentioned to his royal highnefs the prince regent.

I have the honor. &c.
(Signed) JONA. RUSSELL.

The Ran. James Mwree,,&c.

CONGRESSIONAL REPORTER. 39>

• , ■ ' • • •>

Mr, Russell to Lq^i Castlercagh>

The underfigned, charge d'affaires of the United States of
America, has the hqnor to transmit to Lord CaftLererfgh au-
thentic copies of a decree purporting to be .palled by the em-
peror of the French on the 28th of April, 1811,- of a. letter ad-
dirfled by the French miailkr of finance to the dire&or gen-
eral of the cnftoms.on the 28th December, 1810) and of another
letter of the (kene date from: the French minifter of juftice to the
prcfident of the council of prizes.

As thefe acts explicitly recognize the re vopatibn of the Ber-
lin and Milan decrees, in relation to the United States, and
diftin£tly make this revocation to take '&ffc£L from the 1ft No-
vember; 1810, thq underGgned cannot but perfuade himfelf
that they will, in the official and authentic form in which they
arc now prefented to his Britannic m^jefty's government, re-
move all doubt «with refpe£t t<* the revocation in queftion, and,
joined with all the powerful confiderations of juftice and expe-
diency lb often fuggefted, lead to like repeal of > the Britilh or-
ders in .council, and thereby to a renewal of that perfect amity
and unfcftri&ed intercoqrfe between this country, and the U.
States, which the obvious interests of both nations require.
The underligned avails himfelf, &c. . •

JON A- RUSSELL.

18, Bentick-ftreet, 20th May, 1812.

^TRANSLATION.] . ..

PALACE OF ST. CLOUD,

' ■ - 28th April, 1811.
. JVtypoteon, Emperor of the French, &c< &c*
On the report of our Minifter of foreign relations :
Seeing by a law palled on the 2d March, 1811, the congrefs
of the United States has ordered the execution of the provisions
oftheafitof nph-intercourfe which 1 prohibits the ycflels and
merchandize of Great Britain, her colonies and dependencies,
from entering into the ports of the United States* '

Gonfidering that the faid law is an aft of refiftance to the ar-
bitrary pretenlions confecrated by the Britilh orders in council,
and a formal refufal to adhere to a fyftem invading the inde-
pendence of neutral powers and of their flag ; we have ordered
and dp decree as follows ; s m .

The decrees of Berlin and Milan are. definitively, and to date
from lft November laft, confidered as not cxifting in regard to
American veffeJs.

(Signed) NAPOLEON,

By the emperor, the minifter fecretary of state.

(Signed) THE CO0NT DARA.

40 CONGRESSIONAL REPORTER.

Lord Castlereagh to Mr. RiisseU.

FOREIGN OFFICE, May 23/1812. I
; Jjord Castlereagh prefents his compliments to Mr. Kuflell |
and has the honor to acknowledge the receipt pf his official note
of the 20th inftant, tranfmitting copies of 'two official fetters of
the French government, bearing date the 28th of April, 1811.
Lord Castlereagh will immediately lay thefe tlocuments before
his royal highnefs the prince regent, and avails hi mfelf of this
opportunity to renew to Mr. RuIRUthe allurances'of his high
confideration. . :

Jonathan Russell, efq. &a

Mr. Russell to the Secretary of State.

LONDON, 26th June, 1812:
SIR,
I have the honor to hand to you herein, an of der of coun.
cii of the 23d of this month, revoking the orders !n council of the
7th of January, 1807, and of the 26th of April, 1809. *

To this decree I have added copies of two notes of the fame *
date from lord Caftlereagh, accompanying the communication/
of it to trie, and alfo a copy of my anfwer.
With great refpett and confideration,

I am, &c. - . . " i

(Signed) * ' . JONA. RUSSELL.

JU the court at Carlton House the 23d of June, 1812, present Jds
Royal Highness tlie Prince Regent in Council.

Whereas his royal highnefs, the prince regent, was pleafed to
declare, in the name and ori the behalf of his majefty,on the
21ft day of April, 1812, " that if at any time hereafter the Ber-
lin and Milaa decrees thall, by fome authentic a£\ of the French
government, publicly promulgated, be abfolutely and uncon-
ditionally repealed, then and from thenceforth the order in coun-
cil of the 7th of January, 1807, and the order in council of the
26th of April, 1809, fh all, without any further order, be, and
the fame are hereby declared from thenceforth to be wholly and
abfolutely revoked,

Atui whereas the charge des affaires of the United States of
America, refident at this court, diet, on the 20(h day of May
laft, tranfmit to Jord yifcount Caftlereagh, one of hismajefty's
principal fecretaries of state, a copy of a certain inftrument then
for the firft time communicated to this court, purporting to be
a decree passed by the government of France on the 28th day
of April, 1811, by which the decrees of Berlin and Milan are
declared to be definitively no longer in force in it gard to Ame-
rican vessels.

And whereas his royal highnefs, the prince regent, although
he canndt confider the tenor of the faid instrument as fatisfying \
the conditions fet forth in the faid order of the 21ft day of April

CONGRESSIONAL REPORTER. 41

laft, upon which the laid orders w«re to ceafe and determine, is
neverthelcfs difpoled on his part to take fuch'meafurts as may
tend toj-e-establifh the intercourfe between neutral and belli-
gerent nations upon its accuftomed principles. His royal high-
ntfs the prince regent, in the name and t on the behalf of his ma-
jefty, is therefore pleafed, by and with the advice of his rrfa.
jelly's privy council, to order and declare, and it is hereby or-
dered and declared, that the ortfer in council bearing date the
7th day of January, 1807, and the order in council, bearing date
the 26th day of January, 1809, be revoked, io far as may re-
gard Americans ssels and their cargoes, being American prop,
erty, from the 1ft day of Auguft next.

But whereas bj certain a&s ofthe government of the United
States of America, all Britilh armed vessels are excluded from
the harbors and waters of the faid U. States, the armed vessels of
France being permittecko enter therein, and the b commercial
intercourfe between Great Britain and the faid United States is
interdifted, the commercial intercourfe between France and thfc
laid United States having been reftorcd, his royal highnefs the
prince regent is pleafed hereby further to declare;* in the name
and on the behalf of his majefty, that if the government of the
faid United States, lhall not as foon as may be, after this order
fhall have been duly notified by his majefty *s minifter in Ame-
rica to the faid government, Revoke or cauH* to be revoked the
laid afts, thisprefent order lhall in that csfle, after due notice
figniSed by his majtfty's minifter in America to the ,faid gov-
ernment, be thenceforth null and ol no effect.

It is further ordered and declared, that all American vessels,
and their cargoes being American property, that fhall have
been captured fubfequently to the 20th day of May laft, for a
breach ofthe aforefaid orders in council alone, and which fhall
not have been actually condemned before the date of this order,
and that all inips and cargoes as aforefaid that lhall henceforth
^e captured under the faid orders prior tb the firft day of Au-
guft next, lhall not be proceeded againft to condemnation till
further orders ; but lhall, in the event of this order not besom-
ing void and of no effeft, in the cafe aforelaid, be forthwith lib-
• crated and reftoretl, fiibjeft to fuch reafonable expenfes on the
part of the captors as lhall have been ] uftly incurred.

Provided that nothing in this order contained, refpe'fting the
revocation ofthe orders herein mentioned, (hall be taken to re-
vive, wholly or in part the orders in council ofthe 11th of No-
vember, 1807, or any other order not herein mentioned, or to
deprive parties of any legal remedy to which they may be en-
titled under the order in council ofthe 21ft April, 1812.

His royal highnefs is hereby pleafed further to declare, in the
name and on the behalf of his majefty, that nothing in this pref-
er* order contained lhall be underftood to preclude his royal
highnefc the prince regent, if circumftances (hall fo require.

42 CONGRESSIONAL REPORTER.

from rcftormg, after reafonable notice, the prefers pf the 7th of
January, 1807, and 26th of April, 1809, or any part thereof, to \
their full efiefct, or /rom taking fuch other meafiires*of retalia* !
tionagai&ft the enemy as may appear to his royal highnefs to be '.
jufi and necefiary*

And the right honorable the lords cqmmiffioners of his ma;- J
jefty's treasury, his majefty\ principal fecretaries of ftate, the \
|6rds commiffioners of the admiralty, and the judge of the high
court of admiralty, & the judges of tire courts of vice admiralty,
sire totake the necessary mtafures herein, as to them may res- j
jKctbely appertain JAMES BULL ER- \

Lord Castkreagh to Mr* Russell*

FOREIGN OFFICE, June 23, 1812,

sir,

I am commanded by the prince regent to tranfmit to you for
, your information, the encloftd printed copy of an order in coun-
cil which his royal higlmc fs, a£\ing in the name and on the be-
half of his majefty, was this day pleafed to iffue, for the revoca-
tion Con the conditions then in fpecified) of the orders in council
of the 17th January, 1807, and of the 26th of April, 1809, fb
fyr as may regard American veffeJs and their cargoes, being
American property, from the 1ft Auguft next.

I hav§ dishonor to be, &C.

(Signed) CASTLEREAGH.

FOREIGN OFFICE, June 23, 1S12.
SIR, _ ;

In communicating to your gdvernment the oi-der in council
of this date, revoking (under certain conditions therein fpecified)
thofeof January 7th, and of April 26th, 1809, I am to requeft
that you will at the fame tiitie acquaint them, that ^he prince
regent's minifttrs have taken the earlieft opportunity, after the
itfumption of the government, to advifc his royal highnefs to the
adoption of 9 meafure grounded upon the document communi-
cated by you to this office on the 20th ultimo ; and his royil
bighmfc hopes, that this .proceeding, on the part of the British
government, may acctierate a good underftanding on all points
of difieremie between the two ilates.

Ifhaft behappyto have the honor of feeing you at the foreign
office at 2 o'clock to-morrow ; and beg to appriz^you that otfe
of his majefty *s vefiels will fail for America with the diffcatch-
ts of the government in the courfe of the prefent week/

I bate the Jronor to be, &c.
(Signed) CASTLEREAGI1.

CONGRESSIONAL ftEPORTER. 43

Mr. Russell to Lord Casdereagh.

18 Bentick Street, June 26, 1812.

MY LORD, * •

I have the honor to acknowledge the receipt of the two notes
addreffed to me by your lorcifhip on the 23d of tliis month, in.
clofing an order in cohncil, ifltied that day by his royal high-
atfs the prince regeftt, acting in the name and on the behalf of
his Britannic mayfly, for the revocation (on the conditions
therein fpeeified) of the orders in cobhcil of tbh 7th of January,
.1807, and of the 26th of April, 1809, fo far as may regard
American veffels and their cargoes, being American property,,
from the firft of Auguft next.

In communicating this document to my government, I (hall,
Vrkh much fatisfaction, accompany it with tfifc hopes which you
ftate to be entertained b^ his royal highnefs the prince regent,
that it may accelerate a good uriderftanding on all the points pfdif-
ference between the two dates. I am the more encouraged to be-
lieve that thefe hopes will not be difappointed, from the affur-
ance which your lordlhip was pleafed to give me, in the con-
verlatioh of this morning, that, in the opinion of your lordfhip,
the blockade of the 16th of May, 1806* had been merged in the
orders in council, now revoked, and extinguished with them ;
and that no ebne^ition contained in the order of the 23d inftant,
is to be interpreted to reftrain the government of the -United
States from the exercife of its right to exclude Britifh armed
veffels from the harbors and wafters of the United States, when-
ever there (hall/be fpecial and iufficient caufe for fo doing, or
whenever fuch e&chmoki fhall, from a general policy, be extend-
ed to the armed vefTels of the enemies of Great Britain. This
affurancc I ant happy to confider as evidence of jk conciliatory
ipirit, which will affoird on every other point of difference an
explanation equally frank and fatisfa<5iory.

I am, my lord, # s

v. With great confideration, &c. •

JON A. RUSSELL.

Mr. Mussell to the Secretary of State.

London, 2d July, 1812.
m Sir — I avail njyfelf of the opportunity afibrded by the Brit-
ish packet, to tranfmit to you a copy of a note from Lord Caft-
lereagh, of the 2&h ultimo, which I truft will put at reft the
blockade of 1806.

I acknowledged the receipt of this; note, as you will obferve
by the enclofed copy of my reply, without a comment.

I did not think it ufeful to enter into a difcuffion at this mo-
ment concerning the legality of that blockade* which, as no new
doctrine appears to be aiTumed, is made to depend on the fact, .
the application of an adequate force*

44 CONGRESSIONAL REPORTER.

In like manner I have forborne to notice his lordship's ob**
servations concerning the exolusion, from our ports, of British
vessels of war- As fu^li exclufion is required to accord with
the obligations of ftri& neutrality only, the conduct and charac-
ter of the government of the United States fumifh fecurity a-
gi)ixift any queftion arifin^ on that fabjeft.
I have the honor to be, &c.

JONA. RUSSELL.

ijori Casllereagh to Mr* Russell.

Foreign Office, June 29, 1812.
Lord Caftlereagh has the honor to acknowledge the receipt of
«i Mr. Russell's communication of the 26th inftantt*
\ . That no miftake may prevail upon the explanation given in

convention by loid Caftlereagh to Mr. Russell, on jthe two
points referred to in Mr. Ruflrll's letter, lord Caftjereagh begs
leave to re date to Mr. Hussell, with refpefi to the blockade of
May 1806, that, in point of fact, this particular blockade has
been discontinued for a length of time ; the general retaliatory
blockade of the enemy's ports^ establifhed under the orders in
council of November 1807, having rendered the enforcement
of it by his maJefty's flaps of war no longer necessary ; and
-> that his majefty's government have no intention of n curring to
this or to j*ny otheV bl<x&ades of the eitemy's ports, founded up*
on the ordinary and accuftomed principles of maritime law,
which were in force previous to the order in council, without a
new notice to neutral powers in the ufyal forms. *

With refpe& to the provifion of the order of the 23d inftant*
which reft- rs4o the admiffion of British (hips of war into the
harbors awl waters of the United States, lord Caftlereagh in-
forms Mr. Rufsell, that this claim is made in conftquence of
his majesty's ships being now excluded, whiift thofe of the en-
> cray are admitted. It is the partial admiffion of one of the bel-
ligerents of which Great Britain feels herfelf entitled" to com-
plain, as a preference in favor of the enemy, incompatible with
the obligations of ttciSk neutrality. Were the exclufion gener-
al, the Britifh government would confider fuch a meafure, on
the part of America, as (tatter of dilcuffion between the two
fiates, but not as an ac\ of partiality of which they had in the
4 firft inftance a right to complain.

Lord Caftlereagh avails himfelf ol this opportunity to renew

to Mr. Russell the affurances of his high consideration.

' ♦ • -

Jtfn Bussell to Lord Castlereagh.

18, Bentinck Street, lft July, 1812.
Mr. Russell has the honor to acknowledge the receipt of the
] note of Lord Caftlereagh, dated the 29th ultimo, containing ex-

lj planations relative to the two points referred ty> in Mr. Russell's

CONGRESSIONAL REPORTER. 45

■

Bote of the 26th of that month, and will take the earlitft oppor- v

tunity of communicating it to his government.^ \

Mr. Russell begs leave to avail himfelf of this occafion to re-
peat to lord Caftlereagh the assurances of his high confideration* ,

Mr. Erring to tlie Secretary of State, inclosing a correspbniencc
- vrith the Danish Minister of Foreign Affairs.

NO. ±6.

Mr. Erring to Mr. Monroe, Secretary of Slate.

COPENHAGEN, April 12th, 1812.

sm,

My laft difpateh upon general bufinefs was No. 12. 1
therein mentioned the cafe of the ** Jane Maria," which had
been cut out of the port of Swinemunde by a French privateer.
JSubfequent to the date of that difpateh the captain arrived, but
in the intermediate time a Frenchman had been put on board as
a guard, and this became an obftacle to her departure. My
correfpondence with Mr. de Refenkrantz on this affair is here,
with fubmitted, viz No. 1, December 10th ; No. 2» January
llth ; No/3, January 15th ; No.4, Jan.15 ; No. 5, Jan. 16, of
the inclofures. I underftand that one of the crew of the " Jane
Maria^has appeared before a notary, a < id f worn that whilft the
vessel lay at Swinemunde (he had communication with tin:
Englifh, and was to have gone under their convoy. Should
this declaration prove to be correet, yet I prefume that Jhe can-
not therefore be condemned. The French miniftef does not
however find himfelf authorifed toreleafc her* but he momenta-
arily expefls orders from his government oi the fubjeft. The
papers of the vessel are in my possession.

In my defpatch No. 10, 1 mentioned that of the cafes which
were pending on my arrival in Copenhagen, the " Minerva
Smith," Mann, only remained to be adjudged, and that I had
fought to delay it for the purpofe of procuring, and in the hope of
introducing before the^ tribunal lime further evidence* A part
of the evidence to which' 1 referred wasfoon received from
England, and laid before the minifter offfateina note of De-
cember 13th ; a copy (No. 6) is inclofed, as it fcrvesto explain
the peculiar difficulties under which this, a property of very great
value, was placed. No change having been produced by this re- *
prefentation in the opinion of the high court, I obtained that the
cafe fhould be laid before the Daniln chancery ; and the report
of that body not being fufficiently full and fytife&Qory, the cafe
was transferred to the Slefwic Holftein charicery , (on the king's
own fuggeftion) a$ Ktil, where the vessel was taken,being within

AA CONGRESSIONAL RE -PORTER.

the jurifdiQion of that chancery, the affair was not properly cog-
nizable by the Daniih chancery. Thefc various operations co»-
fumed a great deal of time ; but finally towards the latter end of
February the Sleftvic Holftein chancery produced a very laoor-
ious and voluminous report in favor of the cafe, purfuant to
which his majefty ordered the high court fo pass fentence of ac-
quittal.

' With, my aforementioned difpatch. No. 10, was tranfmitted
copy of a note toMr.dt Kofenkrantz, (of September 28) refpeft-
ingthe then pending cafes, generally. Still furthef to promote
the objett of it I again addressed hirn on November 3d, and in
the progrefs of the butinefs perceiving that the high court had
loft nothing of its difpoiifion to. condemn, and had actually de-
termined to facrifice one of the cleared cafes in the whole lift,
(the " 9rutus")on the 13th December, I thought it nefcessary
to require that its proceedings fhould be arretted, and its opip-
, ions fubm it ted to the: king through his chanpery; (thofe two
notes are Nos. 7 and 8 of the inqlofed ;) the. necessary order
was Immediately given, and thus (wo or three cafes were, faved
frojfn condemnation. But th©' the report of the chancery on the
cafe of the "Brutus" was favorable, that vessel was condemned ;
the particular circumftances of her cafe willbefeenin my npte
to Mr. de Roftnkrantz of-April 10th t and the fefttenpe of '. the
tribunal (Nos, 7B and 8 B) of the inclofed papers.

At the < iate of faid difpatch No. 10, the re were 10 cafes depends
injr exclufive of French captures, &inclufive of the "Hannah'* &.
4 * Two Qenerals'' doublq captures, as appears by the lift which
was therewith tr4n(mitted. Ip difpatch No, 11, I mentioned
the rcleafe of the " Horace*' and 4i Auguftus;'' two of the lift,
so that there were at that time only fix cafes of fimple capture
depending. I have now the iatisfattion of informing you that
the whole' pfthefe have been acquitted, the 'Brutus' as above*
mentioned only excepted., 'FU& * Hannah' and "TwoGsner*
als 1 ' mull, I fear, b^ determined in Paris. The French govern,
ment has propofed to the Danifh that without reference to thefe
queftions of jurisdiction which have^lways been foundfo difficult
to arrange to the fatisfaflion of all parties, the fimple.rule fhall
be adapted of determining the queftion of prize in the tribunals
of the country to which the captor may belong, in all cafes,
. wfere he may poflefshimfelfof the captured vtflU's papers- >
This proportion has not been, nor do I believe that it will be t
acceded to by the Daniih government ; yet, fir, you will readily
pcrct i%e that if the French government lhoulc) peifift there can
be very little expectation of pur obtaining Jfrom this, therelqafe
of a veijtl which may have been condemned by the council of-
prizes. . TJiere is even fom.e reafon to apprehen^ that it will fo
peifift, fince the French cqnful has now received orders , from.

■f~<*

CONGRESSIONAL REPORTER. 47

the minifter of marine to trsnfmit to Paris the papers of die lhip
** Olive Branch" which, as mentioned in my defpatch No, 12.
*ras feized under the very guns of the Fort of Nyborg, and this,
cafe is peculiarly ftrong fince the " Olive Branch'' had his Dan-
ifh majcfty's lieenfe on board. But I muft in this place also
mention that my correfpondence with Mr* Defaugiers (lately
French charge d'affaires here) wh ich was iubmhttd to you with
defpatch No. 8, having been aUb fabm itted to his government;
he is now anfwered by the duke of Baffano, in terms flxongly re-
prehending the excesses of thecorfeirs in general, and particu-
larly reproving: their practice of holding the French flag on
board the vessels captured, of which he ftrifclly forbids the re-
currence.

The "Rachel,* "Rover" arid™ Packet/* three, vessels (oa
the pending lifts heretofore tranfmitted) whichhave been reteaf-
ed, being partly laden pith " colonial produce/' were, purfuant
ta the eftablilhed regulations with regard to vessels lo laden, or-
dered to quit the port and to procead on their voyages ; the
trench privateei s were then watching for and would infallibly
11 ive captured them on their departure* The copies herewith

clofed, viz. my notes toMr.de Rofenkrantz^of November 27,
8, and 29, (Nos. 9, 1.0 and 11 ) Mr. de Rofenkraritz his unoF-
cialnote of December lit, (No. 12) my reply of fame date
|(No. 13) Mr. de Rofenkrantz his official note of December 2d
No. 14) relate to this matter, which you will be pleafed to ob*
fcrve was fatisfaclorify fettled.
I The laft lift of vessels which had passed this way was dated
jO&ober 9 : fiuce then a few fcattered vessels have prefeated

emfelvcS, viz.

The " Dolphin/' Latham, " America/' Briggs, from Peterf-

rg to the United States.passed without interruption, " Ann/*

ow, arrived fafely at Chriftianfand.

** Sally " Brown, turned away from Amfterdam by the Eng-
Ih, continued her voyage towards this place and was wrecked
•n the coaft of Jutland;

" Adriaria,*- Abrahams, of Baltimore, belonging to Smith &

co. with a cargo of hides convoyed hythe Danes
from Gottenburg to Copenhagen (having Danifh
licenfe) cargo fold in, Copenhagen and. reconvoy-
! ed to Elfineur.

!* Cotattibk/' Jennifon, (owners unknown) from St. Ubes*

with fait, mjuch under the fame circuroftanccs.
" Swanwick/* Cbrk, with a cargo of tobacco, property of

Pratt and Krntzing of Philadelphia, do. do.
41 Afia/* Ormsby* '(Brown, and Ives of Providence) with 3500
cheftsof tea, arrived at Gottenburg fome months
firice, in her voyage from thence to Copenhagen, cap-
tured by a Danifh private* r, but immediately rekafed,
having the king'* pcrmiffion to come hither and fell.

.*%./#

■1

48 ' CONGRESSIONAL REPORTER.

This completes the account of our trade for the laft year as
far as particulars have come to my knowledge. In my despatch .1
No. 12, 1 tranfmitted certain ftatements relating to that trade;,
a triplicate of thefe ftatenients were fent with No-14,with the ad-
dition of a'printed tariff of the duties payable on all merchandifc
paffing through the Sound : a duplicate of the tariff is herewith
enclofed. 1 have lately feen a printed ftatemerit of our export*
from Petersburg during the laft year made by a .commercial
houfe of that place. It agrees in general with the document No.
5rinclnfed with my afore laid difpatch. It is however jnore.
complete as to the number of veffels, including all thofe which
went no through the BJt, and gives a total of 127 (nating that
in 1810 the total was 100 only) but ftates that 29 of the 127 were
bound to European ports, having as part of their cargoes 23615^
poods of flax! Moft of thefe 29 prpbably returned through the
Bjlt ; fuch as passed the Sound muft have had falfe clearances.
In the courfe of judicial invefligattons, the Dines have already _
difcovered, as is fuppofed, luffiebnt grounds for "ciiftrufting the
character of our commerce : fuch printed information fror)i
what is called a k B k refpe£table American houfe ,, at Petersburg*
recommending itfwlf to its correfpondt nts by this fpecies of m* ;
duftry, cannot fail to augment that diftruft. m , :

AH the old and new cases being now disposed of, I herewith in-;
close a table (No. 19) bringing the whole of them and the p#-j
ccedings which have been had on then} into one view. I beg }'<»*]
sir to observe that of 38 cases of Danish capture on; the iii? *
1811, tbere have been only three appeals of the captors again*]
the sentences of acquittal given by the inferior tribunal* so littw
have boen their expectations of procuring final condemnations*
and that excepting the three English And English license easei>
( " President," "Neptune// and " Aurora,")there has been but
one final condemnation, viz. the « Brutus." v

I hope that upon the whole this view will be satisfactory to tin
president. Mr. de Rosenkrantz told me in an early interview j
that the administration of justice was as impartial and as prowl*
here a*in any other country : he adde<f (referring to the disposi-
tions of the kia$) that in future we should have nothing to c«m- /
plain of. How far*hte assertion was correct, or his promise haj
be/n complied with, I will not presume to determine ; but I nMfst
do t%\i minister thejustice to say that he spoke with perfect in**
eerity<and under impressions the m~6st just and friendly, ^id ta
believe vthat where the results fall short of our expectations* «
has not been fronj any failure of thoSe dispositions. .

v J have taken occasion in former despatches to Mention, and &

traw

found to be quite unreasonable, iri their application frequent*/
most unjust i yet uftg&all, for the amount of the exactions, th<3N

» 1

i
%

CONGRESSIONAL REPORTER. 49

are not oppressive, perhaps had they been abolished altogether
we might not have had quite so many vessels captured; there
would certainly have been more appeals and might have been
more condemnations. The lists herewith enclosed (paper marked
No. 20) shew the sums which the eases have been charged under
the several heads of costs, fines and two per mille tax in the tri-
bunals of Copenhagen : the two per mille goes to the king's ©of-
fer ; the fine goes to the captor for his trouble in capturing where
he is supposed to have just grounds of suspicion $ the court ex-
penses are invariably ' forty rix dollars (equal to five and a half
dol!ars,in each case. There are no other expenses but advocate's
fees : here, as in all countries, the amount is settled by agreement k
between the council and the client ; in the inferior tribunal no ad-
vocate is employed.
The situation of the masters of our vessels condemned here
; was formerly made the more distressing by the prosecutions to
I which they were exposed on account of wages due to their sailors,
the laws here compelling them to provide for their crews : these
laws had been executed with great rfgor, and large sums had been
1 frequently adjudged to be paid by masters who could scarcely find
credit for their own subsistence. The consul bad, by frequent
i representations, endeavored to remedy this evil, but without suc-
cess. When I came to act in this matter, I was answered, that
if the master deceived the men by engaging them in a vessel
which was not in fact American as he protended, it was but just
1 that he should pay them, his sufferings then wef e chargeable only
to bis own misconduct : however, I finally obtained that it should
I be laid before the chancery; that tribunal, "by a report of Janua-
I ty 11, adopted by his majesty, decreed that " no law suit regard-
I iog the wages due to North-American mariners from their cap-
!, tains shall be admitted before the tribunals.' 1 I did not succeed
[ in obtaining payment for the men out of the condemned vessel,
.but on this point thought itj not prudent to go far.
'With the most perfect respect and consderation,
I have the^honorto be, Sir,
1 Tour very obedient servant,.

I GEORGE W. ERVING.

Jtfr. Munree, Secretary of State.

*•

No. 17. 9

Jlfr. Erring to Mr. Munree, Secretary of State.

COPENHAGEN, April 1% 181%
SIB,

With my despatch No. 10, was submitted to you a copy off
the reclamation, dated Novejnber *, which I thought it my duty
to make against the sentences of condemnation, passed by the

Vol- H— N«. 4. documents- ,

SO CONGRESSIONAL REPORTER*

t \

Danish tribunals in (he years 4&09 and 1810 on, American ^hif»
and cargoes. Mr. de Rosenkrantz was prevented at first by ill ]
health, and afterwards For a long time by a pressure of various
business (as I understood) from laying it before the king.; In the
mean time he continually discouraged any expectation that hif <
majesty wooldf accede to the propositions which it contains, per-
sisting in his declaration tome on^m-v first arrival here, that
there was no remedy for the past. Finding that in tbe usual
course of business it was necessary for the. minister to inform hup-*
self fuffy and pai^ieularly as to the contents of the note, so as to
submit ft to the king by abstract only, I thought that J might at
once expedite my object, and add to the probability of success ia
it, by having the note translated into the Danish language. I sent
such a translation to the minister on the %&& January, requesting
(by No. 1 of the enclosures) that the whole might' be laid befoie
the king : This was done on the i4th of February, and on the
same day the minister addressed tome the note Np. ^relating t<>
Banish. claims on our government, to whieh I answered on the ;
17th February as No. 3, and on the 9th instant! finally received
the minister's reply to my reclamation of Nov. 4, (No. 4 of the
inclosurcs ) ' ;.. v .

All my former communications, sir; have prepared you for this ;
result, and the most extraordinary v delay of the king in annouftr .j
cingit, though sojfar creditable to him in as much as it dejiotesthe^
reluctance with which he has come to a Conclusion, whieh he can-
not conscientiously approve of, and whieh he has not found any
admissible pleas to support or to countenance, yet has also afferd-
fed me the means of ascertaining that no favorable change of thil
determination is to be hoped for.

All the business which my appointment, had in view being nW
completed, arid as there is not, as far as I, know, one AmerieaB j
vessel 'actually under detention (by /Danish capture) in any $>ort i
of this kingdom, after answering the minister of states' note i»
suitable terms, I propose, pursuant io my instructions, to tat© ]
leave and depart for Paris. I wrote yesterday to Mr. Barlo\v for \
passports, and as soon, as they arrive, which may be about th* |
commencement of next month, I shall be entirely ready to make
U9e of them. In the mean time I send home with this ami other
despatches ray secretary Mr. Lewis, whose fidelity, industry, M*d
z^K in the public service, I so entirely approve of, that I cannot ;
hut recommend taim to your patronage and protection. Previous
{p my departure I propose, asjhave before mentioned to you, to\
present Mr* Forbes in the quality of" Agent'* to the minister of j
state and to the other departments of government here, and I
doubt not but that if any of our vessels should hejreafter be^-eap- •
tured By Danish erufczersr, he will be able to afford them every af - ;
sistance of which, their cases may be susceptible, ;and that hi*i
respect ability of ^character and his other qualifications will pi*" 1
cjire dtre attention to his official representations. I hope als*
that on my return to Paris, X-may be able to assist Mr. Barlow i*,:

CONGRESSIONAL REPORTER. SI

, efctainin; a favorable adjustment of the que^kms which hare a-

risen out of Ihe French captures in this quarter.
. It seems to be scarcely probable, even if we should not he at
; war with England, that any of our Vessels which nay have left
; the XL States for Russia, will, if they touch at Gottenbuig for in-
I fent&atioo, proceed oa their voyages ; for either the Emperor of
France will occupy the Russian ports, or the Emperor of Russia
will submit to bis terms ; in either of which capes those ports

> will be rigorously closed against " colonial produce. 9 ' if the em-
peror of Russia should successfully resist, then his country will
be inundated with whatever we can supply by the commerce of

\ England. In this last case it is not to be supposed that the Eng-

> lish will take any neutral vessels under their convoy : in the two
forme? eases the neutral will not have any motive for joining con-

: voy. On the other hand the French eruizers will certainly in-
\ tercept every vessel not under convoy which may enter the Baltic
[ with colonial produce ; and it is equally certain that such enlfcs-
j ers will be sufficiently numerous : for independent of the priva-
teers, properly French, the Danes have round* so little encour-
. agement for privateering during the last twelve months, that
. many of theni are reduced to the necessity of seeking French
i commissions. ' ■

> Mr. Lewis will carry with him the original of my dispatch, No.
, ' 1#, which incloses authentic copies of the sentences therein refer-
red. In these, -sir, yon will notice more particularly the extraer-

; dinary principles and offensive doctrines on which the tribunal's
i feave founded their decisons, and in case our country should stiH
continue in peace, government, having the whole taatter before
it, will be able to give our commerce such direction, and to place
it under such regulations as may best comport with its future
security. . x .

, With the most perfect respect and consideration. Sir,

Your very obedient servant, "' *-
(Signed) GEO. W. £RVING.

Extract of a letter from Mr. Racing to Mr. Monroe, Secretary

of State.

COPENHAGEN, May 9, 1812^
" I have the honor herewith to transmit 4o you duplicate of wty
letter No. 20, (by Mr. -Lewis) dated April 18th. The note of the
same date to, which it refers, with the tew alterations which will
bo found in this duplicate, was sent to Mr. de RosenkrantK on the
21st, and wa* laid by him before the king on the 1st instant, la
the mean time I ha^ several conversations with that minister up-
on the subject of it, in which I did not Tail to urge whatever.
might contribute to a favorable answer on the part of his majesty.
Finally, on the 8th instant, yesterday, he sent to Joe the note of
which the enclosed is a Copy. You will observ^, Mr, the new po-
sition which eur claims assume under this communication, and* the
reasonable expectation- whieh it affords of a settl ement hereaf ter

*<jv

52 v CONGRESSIONAL REPORTED

I have endeayored to have this point placed in a more formal and
ezplieit shape."

To the House of Representatives of the United Slates*

I tranfmit to the Houfe of Reprefentatives a report of the Sec-
retary of State complying with their refolution of the 1ft inft.

JAMES MADISON.

March 3, 1813.

The secretary of State to whom was referred the Refolutioa
of the Houfe of Representatives of the lft inftant, has the honor
to fubmit to the Prefident the enclofed papers marked A and B.
All which is rcfpe&fully fubmitted.

JAMES MONROE.
Department of State, March 3, 1813.

(A)
Extract of a letter from Joel Barlow* Esq- to the Secretary of

State y dated

Paris, May 2, 1812-
M I have the honor to enclofe herewith the copy of my note of
yefterday to the Duke of BaJTano. The importance of the ob-
je6b and the urgency of the octafion I hope will juftify the foli-
citude with which I have preffed the propofuions.

" Therefult, as far as it may be known within a few days,
{hall be tranfmitted by the Wafp. The Hornet failed from
Cherbourg the 26th April, with orders to land a meflenger ia
England with my difpatches for Mr. Ruffell, but not to wait a
return from London."

Enclofed in Mr. Barlow's letter of May 2, 1812, to the Sec-
retary of State,

Extract of a letter from Joel Barlow, Esq. to the Duke of Bos*

sano % dated

Paris, May 1,1812.

" In the note I had the honor to addrefs your excellency on j
the 10th November laft, the fpirit of the En 6 lifh government
was so fir noticed as to anticipate the fad now proved by expe-
rience, that its orders in council violating the rights of heutrals*
would not be revoked. The declaration of the Prince Regent
-of the 21ft of April, has placed that faft beyond all question, j
In doing this he has repeated thfe aflertion so often advanced by j
his minifters and judges, that the decrees of France of a fimife r j
character are likewife unrevoked.

You will notice that he finds a new argument for this concln-
fion in your Excellency's late report to the Emperor concerning
neutral rights, in which you avoid taking notice of any repeal or
modification of these decrees,, or of their non-application to the
United States. We know indeed that they do not apply to the
United States, becaufe we do not fuffer our flag to be denational-

V <

CONGRESSIONAL REPORTER. 53

iced in the manner evidently contemplated by the Emperor in
the rule he meant to eftahliflv But it Would have been well if
your Excellency had noticed their non-application to the United
States, fince his Majefty has informally done it in his decifions
of prize caufes fince November, 1810.

It is much ta be defired that the French government would
now make and publifh an authentic atl, declaring the Berlin and
Milan decrees, as relative to the Unite&States, to have ceafed in
November, 1810, declaring that they have ijot been applied in
any inftance, fince that time, and that they (hall not be so ap-
plied in future*

The cafe is soiimple, the demand so juft, and the neceffity so
urgetMhatl cannot withhold my confidence in the prompt and
complete fuccefs of my propofition."

Extract of a letter from Mr* Barlow to Mr. Monroe, dated

Paris, May 12, 1812.

" After the date of my letter, of whish I have the honor to en-
clofe you a copy, I found from a pretty (harp convertation with
the Duke of BalEmo. that there was a lingular reluctance to an-
fwering my note of the lft of May. Some traces of that reluct-
ance you will perceive in the anfwer which filially came, of which
a copy is here enclofed. This, though dated the 10th, did not
come to me till laft evening- J confider the communication to
be so important in the prefent crifis of our affairs with England
thai I dtfpatch the WaQ> immediately, to carry it to Mr. Ruflell, ^
with orders to return wit h his anfwer as foon as poffible,

I am CQnfident that the Prefident will approve the motive of
ray folicitude in this apair, and the e^rneft manner in \vbich I
preffed the minifter with.it as foon as my knowledge of the dec-
laration of the Prince Regent enabled me to uie the argument
that belonged to the fubjedh When in the conversation above
alluded to, the Duke Srft produced tome the decrees of the 28th
of April, 1811, 1 made no comment on the ftrange manner in
which it had been so long concealed from me, .and probably
from you* I only afked him if that decree Jiad beeb publifhed.
He (aid not, but declared it had been communicated to my pre-
decessor here, and likewife knt to Mr. Serrurier, with orders to
communicate it to you . I assured him it was not among the ar-
chives of this legation^; that I never before had heard of it ; and
fince he had contented to anfwer my note. I defired him to lend
tome in that official manner a copy of that decree, and of any
other documents that might prove to the incredulous of my
country (not to me) that the decrees ©f Berlin and Milan were in
good faith and, unconditionally repealed with regard to the Uni-
ted States. He then promifed me he would do it, and he has
performed his promife.

I fend you a copy of the April decree, as likewife the letter of
the Grand Judge and that of the minifter of finances : though the
two latter pieces have been before communicated to our govern-
ment and publilhed."

U CONGRESSIONAL REPORTER.

The Duke cf Bassan* to Mr. Barlmv.

v* [Tranflation ] *

Paris, 10th May, 1812.

Sir— In converting with you about the note which you did me
the honor to addrels to me on the 1ft of May, I could not con-
.jceal from you my furprife at the deubt which you had expressed
in that note refpe£ting the revocation of the decrees of Berlin
and Milan. That revocation was proved by many official atls>
by all my correfpondence with your predecessors and with you,
by the decifions in favor of American vessels. You have done
me the honor to afk a copy of the letters which the Grand Judge
and the Minifter of the Finances wrote on the 25th pec. 1810,
to fecure the fit-it effefts of that meafure, and have (aid, fir, that
the decree of the 28th of April, 1811, which proves definitely
the revocation of the decrees of Berlin and Milan in regard to
Americans, was not known to you.

I have the honor to fend you, as you have defired, a copy of
these three a£ts ; you will confider them, without doubt, nr, as
the plaineft anfwer which I could give to thi* part of your note.
As to the t wo pther queftions to which that note relates, I will
'- take care to lay them before the Emperor. You know already,
fir, the ientiments which his Majefty hasexprefled in favor of
.American commerce, and the good difpofitions which have in-
duced him to appoint a plenipotentiary to treat with you on that
important intereft.

Accept, fir, &c.
(Signed) The Duke' or Bassako.

[Tranflation]

Palace of St. Cleud, April 28th 9 1811.
Napoleon, Emperor of the French, &c. &c. On the report
of our Minifter of Foreign Relations.

Seeing by a law patted on the 2d March, 1U 11, the'Congrefe
of the United States has ordered the execution of the proviftorts
of the a£l of non-intercourfe, which prohibits the vtflelsand
merchandize of Great Britain, her colonies and dependencies
from entering into the ports of the United States.

Confidering that the faid law is an a6t of refiftance to the ar-
bitrary pretenfions, confecrated by the Britifh Orders in Coun-
cil, and a formal refufal to adhere to a fyftem invading the inde-
pendence of neutral powers, and of their flag, we have decreed
and do decree as follows : • ,

The Decrees of Berlin and Milan are definitively, and to
date from the 1ft day.of November laft, confidered as not having
exifted, (non avenus) in regard to American vcffels.

(Signed) , NAPOLEON,

By the Emperor*
j The Minifter, Secretary of State.

• (Signed) The COUNT DARU,

CONGRESSIONAL REPORTER. 55

(B)
Mr. Marlow to the Secretary of Stat*.

9 Faris, OcL 25ifc, 1812.

Sir — By the letters from the Duke of Baffano and my anfwer#
copes of which are herewith enclofed, you will learn that I am
invited to go to Wilna, and that I have accepted the iiftritation*
Though the propofal was totally unexpe£tcd, and on many ac-
counts, difagrreabje, it was impoffible to refufe it without giving
offence, or at leaft diking a poftponementof a negociation which
I have reafon to belif ve is how in a fair way to a Ipeedy and ad-*
' vantageous clofe.

From the circumftances which have preceded and which ac-
company this propofuion, I am induced to believe that it is
made with a view of expediting the bufinefs. There may in-
deed be an intention of coupling it with other views not yet
brought forward. If so, and they fhould extend to objedts t>e.
yond the fimphcity of our commercial interefts and the indemni-
ties which we. claim, I (ball not be at a loft how to anfwer them.
I (hall have the honor to write you, as foon as poflible, from
. Wilna, and ihall return to Paris without any unneceflary de-
lay.

I remain, &c
(Signed) . J. BARLOW.

[TranQation]
TheMhkke of Bassano to Mr. Barlow.

Wilna, Oct 11, 1812.
Sir — I have had the honor to make known to you how much
I regretted, in the negociation commenced between the United
States and France, the delays which * inevitably attended a
correfpondence carried on at so great a di (lance. " Your
government has defired to see thee epoch of this arrange-
ment draw near. His Majefty is animated by the fame difpofi-
. tions, and willing to allure to the negociation a refuit the mod
prompt, he has thought that it would be expedient to fupprefs
the intermediaries and to transfer the conference to Wilna.
His Majesty has in consequence authorised me, sir'/t* treat di-
rectly with you. — If you will come to this town, I dare hope
that with the desire which animates us both to conciliate such
important interefts, we will immediately be enabled to remove
all the difficulties which until now have appeared to impede the
progrefs of the negociation*

r have apprised the Duke of Dalberg that his mission was
thus terminated, and I have laid before his majefty the actual
state of the negociation, to the end, that when you arrive at Wil-
na, the different qucftions being already illuftrated (eclair cies),
either by your judicious obfervations, or by -the inductions J
shall have received, we may* sir, conclude without delay an ar-
rangement lb desirable and To conformable to the mutually am-
icable views of our two governments.

Accept, sir* &C.
(Signed) tk* DUKE of BASSANO.

CONGRESSIONAL REPORTER.

Mr % Barlow to the Duke of Bassano*

Park, Oct. 25th, 1812.
. u SIR — In confequence ot the letter you did me the honor to
write me on the llthof this month, i accept your invitation,
and le^ve Paris to-morrow for Wiina, where I hope to arrive in
15 or 18 days from this date. My Secretary of Legation and one'
fcrvant will compofe all my fuite, 1 mention this to anfwer to
your extreme goodnefc in afking the qtieftion, and your kind
offer of finding me a convenient lodging. I hope the trouble
you will give yourfelf in this will be as little as poflible.

m The negociation on which you have deme me the honor to in-
vite me at Wilna t is fo completely prepared in all its parts be*
tween the Duke of Dalberg and my&lf, and* as I underftand,
fent on to you for your approbation about the 18th of the prefent
month, that I am perfuaded, if it could have arrived before the
date of your letter, the neceffity of this met ting would not have
existed , as I am confiderft that his majefty would have found the
project reafonable and acceptable in all-its parts, and would have
ordered the minister to conclude and flgn both the treaty of com-
merce and the convention of indemnities/' ,

I '

THE

CONGRESSIONAL REPORTER.

PART IL~DKB4TB8 XY C0X&RES8.

No. l.] Tw£irni CeNCURsss....SBCoia» Session. [1812—13.

HOUSE OF REPRESENTATIVES.

Friday, Nov. 30.

The Houfe in committee of the whole on the bill concerning
the pay of the Army of the U- S. which was read throughout
by the Chairman, as follows : /

^^ •

" Be it enacted fife. That from and after the paffisg of this aft,
the monthly pay of the non-comtniffioned officers, muficians,
privates, drivers, bombardiers, matrofles, fappers, miners, ar-
tificers, fadlcrs, farriers and blackfmiths, who have or fhall enlift
in the fervice of the United States, be as follows, to wit : To
each fergearu major and quarter-mafter-fergeant, dollars ;

to each fergeant and tp&cher of Ynufic, dollars ; to each cor-*},
poral, u dollars; to each mufician, dollars; to each pri-
vate, driver, bombardier, matrofs, tapper and miner, dol-
lars ; to each artificer, faddler, farrier and blackftnith, dot*
lars. > .

Sec. S. - And be it further enacted, That during tflfe continu-
ance of the war with Great Bptiar^ no. noncommiffioned offi-
cer, mufician, private, driver, bombardier, matrofs, tapper, mi-
ner, artificer, fadler, farrier or blackfmith, enlifted in the fer-
vice of the United States, fhaU be arretted, or fubjeft to arreft,
or to be taken in execution for any debt contracted before or
after enliftment.

Sec. 3. And be it further enacted. That during the (aid war,
every perfon above the age of eighteen years, who fhall be enlift"
ed by any officer, fhall be held in the army of the United States
during the period of fuch enliftment ; any thing in any act to
the contrary notwithftanding. -

Sec. 4. And be it further enacted, That every non.commif-
fioned officer, mufician and private} who fhall, after the promul-
gation of this a£t be recruited in the regular arm v of the u .States*
may, at his option, to be made at the time of enliftment, en-
gage to ferve during the prefent war with G. Britain, infteadof
the term of five years ; and. fhall, in cafe he makes fuch option,
be entitled to the fame bounty in money and land, and to all oth-
er allowances, and be fuhye£t to the fame rules and regulations,
as if he had enlifted for the term of five years.*

No. 1. pssatis*

2 tONGHESSIONAL REPORTER.

Mr. WILLIAMS, as chairman of the Committee, whore-j
ported it, jofe to explain the provifions of the bill- He faid he
^qpedjhe cqnfideration of the bill would not involve a difeuffioa
ojf the jufttce or neceffity of the war. War, faid he, is now de-
clared ; we bavexhrownourfelves between G|jr country and the
cnemj' ; and it become^ us to carry her triumphantly through the
war, or be rdponfible for the dil grace a contrary cdurfc would
incur. The reafon of the introduction of the firfl: provifion of
the bill, he faid, was dig palpable Fa£V, that the prcitnt pay of
: the army, taking into confideration the price of labor throughout
the union,' was much below the average rate* • The Commit*
tee, in the invHfigation of this >bufinefs,*had with much labor
confultcti artl fources of information acceffible to them, and in no «
part of the United States did it appear to be conceded by their
reprefentatives, that the fair price of labor wa*». fefs than trine dpi-
lars per month. Even if ,the price were as low as eigjit, or lay
feven dollars, wherefore Ihould the foldier receive lefs than any
other man ? This is a fubje£t on which every gentleman could
decide by refeurring to his own neighborhood and inquiring
what was there the price of labor. If he could not ^procure
the fervice of an individual there for lefs than eight dollars,
how can he refufe to the foldier that price which I now Iblicit
for him ? The ranks*are not filled ; we know it to be 'too mel

40 anchoiy a proof; and it is our duty to fill them. How fliall we
bell do it ? It will not be contended that your population is iu-
fufficient ; no, fir, the inducement is nqt adequate. There is
no avocation of life, no employment however hazardous, wkich
fails to be purfued from a want of perfons ready to engage in it.
No, fir * if you want merf to fcale the mountains of ice under the
northern pole, or endure the fervid rays of a vertical sun in the
hither India, to brave $ie Aormy .ocean or fearch for mines in
the bowefe of the earth ; only find them adequate compenfation
and there are men enough to be found. The compensation for
fervices performed Ought always to be in proportion to the talk
incurred. This is a pofition which cannot be controverted.
Thefe is no reafon why the ranks of your army are not filled fo
forcible as that you do not give enough to the privates. Cap
you th< n refbfe it ? Sir, I do not (land here as the reprefentative
of a claim of a petitiofcer who wearies out the fkirts of your
Committee of Claims with unceafing importunities-r-of the inan
ivbp has neglected the provifions of your law, and afks you to
teleafe him from the confequences of his negleft — Hill It fs of

' the man who tramples your law tinder foot, and now afks to b€
'difcharged from- the penalty of his tranfgre ffion—no, I am the
advocate of the poor foldier* the man who marches to your
northern and weftern boundaries ; a the man who laft night prob-
ably was beaten up. from his quarters to meet the foe ; who the
night before flept in the trenches ; and to-night perhaps ftretch-
es his limbs on the bate ground with no other covering than the

• CONGRESSIONAL REPORTER, 3

canopy of Heaven, his arms clafped in his hands, for your de-
fence ; I plead, fir, for the man who has. thrown himfelf be-
tween you and the cnerfcilefs favage and his ftiii more mercilefs
employer — it is for this poor foldier I afk a little pittance. The
whole aggregate of increafed pay can bebut a mere trifle, compar^
with the general disburfements for the expenfe of the war — it
will not increafe your expenles much above a million. Wheth-
er your ranks be filled or not, the expenditure for the military
cftablilhfrient, the enfuing year, will not fall fhort of ten mill-
ions ; and yet will you deny one million to make your army ef-
ficient ? The immenfe expenfes attending your Commiflary,
Quarter-pnafter and Ordnance Departments, muft be incurred,
evfcnthough'your ranks be not filled — and will you yet hefitate
between the additional expenfe of a million to make your army
efficient, and the lofs of a difgraced campaign ? I cannot but
believe, fir, that I am wafting your time and that of the Houfe to
no purpofe ; I will not believe that this will be refufed. Mr.
W. then briefly adverted to other provifions of the bill. To the
fecond feftion he apprehended little objeftion ; it had been
found tp be neceffary \ and ample precedent might be found for
it. ^o the third feQion there might and -probably would be;,
foijie objection. It -was founded, he faid, on the principle that
every man o^ed to the country which prote&ed him — military
fervice; the fame principle, already engrafted in our laws,
which obliged the youth of eighteen years old to enter into the
militia, warranted his retention in the fervice when he had vol-
untarily enlifted. The fourth fe£Uon fpoke for itfclf and needed
no explanation.
The fecond fection having been read —
Mr. WHE ATON faid he conceived this feffion to involve
an infraction of the cohftitution. Any perfon who had contract*
ed a debt had certainly given a pledge, not only of his property,
but of his body to his creditor. It is the creditor's right to take
the body in default of payment, and the creditor was by this
fc&ion, in the cafe of thofe enliftirig into the army, completely
taken out of his hands. Ampte encouragement, Mr. W. faid,
might be given to enliftments without infringing the conftitution*
Hejhad no objection to.privilege the foldier from arrell after en-
lrftment, but he could not content to the paffage of a law, having
mex post facto operation, which went to exempt him from
obligations pre vioii fly con traced. He therefore moved to ftrike
out the words " before or 9 ' from the fecond fedlion above recited.
Mr. BACON fpoke in fupport of this provifion. It was ne-
ceffary to guard againft fraud. He faid in tfie village in vfrhich
he lived fuch frauds had been committed, by the creation of fic-
titious debts, under *vhich a perfon enliftirig had procured him-
felf to be arretted. After this arreft, on giving bail, he was fct at
large. Whilft going at liberty his commander had attempted to
take him ? but a writ of habeas corpus having been taken *out,

4 CONGRESSIONAL REPORTER.

it has been determined by the courts that a man was the property
of his bail until the fait was determined. And that.determina-
tion, Mr. B- faid, would never take plac^fo long as the United
States had an occafion for the man's fervices ; becaufe by the
lame collufion which commenced it, the fuit may be continued
from term to term of court until the term of eniiftment has ex-
pired. He had merely ftated fa£U. He had known an inftance
of an officer being obliged to move his whole corps over the line
to avoid thefe petty depredations on their ranks ; and he would
venture to fay that the officers \yould much rather face the ene-
my in the field than the hoft (rflegal depredators in. Maffachufetts
on thofe enlifted for the* public fervice. The principle of this •
provision was not novel, he faid, for it exifted already.

The motion to ftrike out the fe&ion was then negatived by a,
» large majority.

The third fe&ion was then read.

Mr. STOW rofe and faid, that the refpeft he felt for the
Houfe, feemed to forbid that he fhould propofe to them any
thing not fully matured ; but, that at the fame time the objec-
tions to one fcftion of the bill under confident ion appeared to
him fo many and fo important, that he could not refrain from
urging them, though, as he feared, in fomewhat of an irregular
and defultory way." In excufe he laid, he had fuppofed the pres-
ent bill agreeable to the one reported in the Senate, and had not
obferved the difference till that moment His objections were
to the 3d fcdion, and which he fhould clofe by moving that it
be ftricken out. He arranged his objections principally under
three heads. Ift, Its tendency to violate the public morals. —
2d. Interferertte with public economy — and '3d.- Its violation of
the pirit of the cotiftitution of the United States.

Hfc remarked that proper inftrudtion and difcipline of youth
lay at the bottom of all that was valuable in thip life, and perhaps
of the life to come. That it was of great importance in every
government, but above all, that it was infinitely fo in ours* where
the people were the real fovfrreigns, and where the government
would be ill or well adminiffcred, according as the youths were
bred in temperance, virtue and obedience. This fc6tion pf the
bill goes to cut up thofe qualities by the roots. It lays to fjie
Uneafy boy in his teens, you may enlift and throw ofFall parental
authority ; you may enlift and defraud the parent or mailer who
has maintained you in your helpkfsftate, of his juft reward*
The ftrongeft tics of afirction and gratitude you may, by enlift-
ing, diffolvc in a moment* Nay, more, we fay deliberately and
folemnly— we will pay this promoted villain 300 dollars for his
iniquity t For fuch is the amount of the bounty and wages for
three years. Who* fir, will be moft likely to avail himC If of
this privilege, or ratht r of this courfe ? Not the fober, faithful
minor, who mighfbe trufted in the pampwith fome degree of
fafety, but the fickle, turbulent, reftlefc youth, the one of all oth-

CONGRESSIONAL REPORTER. 1

ers who wants the falutary reftraint of a parent or guardian
This is the perfon whom you are about to allow to plunge him"
frlf into all the dissipations, into all the feduttions, arid into ai
the vices of a camp I

But, sir, said he, it is inhumane, as well $s immoral. Hu-
manity calls upon you to take care ef and educate the miferabh
offspring of the poor* Who will take them ; who will provide
for their infancy, if at the moment they are able to make any re
numeration for this humane, this tender care, you offer them
300 dollars to turn ingrate? Bat, fir, not only the public mor-
als, but the public economy require that you shouUl not enlii
minors without the confent of their parents, guardians or mal
ters. What does public economy require, but that every on«
(hould serve the republic in that capacity, in which he can bi
moft ufeful ? And, fir, let me add that patriotifm requires th
fame thing. If the blackfrnith or the farmer is aloft ufeful in hi
calling, thpre is as much patriotifm in attending to the anvil ant
the farm, as to the bayonet and the fword. Men of mature age
by accepting the terms you offer or not, determine xvlfere the;
can be moft ufeful; but does not every principle of eponom;
forbid that you (hould go into the private family, the work (hop
and the raanufa&ory, regardlcfs of the opinion of the father an<
fuperintendant, and (educe the young man from learning fom
ufeful and honorable employment, and in lieu thereof* at tha
tender, atthat doubtful period of human life, you plunge him in
to all tne immoralities of a camp, and turn him a vagabond o
fociety. No fir/ true economy requires that children inoul
bii well educated, well governed, and faithfully^ bred to Yom
hoheft^ calling^ The very principle, notwithftanding all the^ tall
of patriotifm* is recognized in the price you offer for ioldiers, a
well by the former law as by the prefent bill. You offered b;
the former law five dollars per month, by the present bill eigt
dollars. That is, you fay to the world, that by being a foldiei
you render your country Cervices worth five # or eight dollars
Now fir, for five or eight dollars per month is it prudent, is i
economical to diffolve tire all important relation of governor an
governed in relpcft to youth ? To break up your infant mam
factories ? and to deprive poor, children at once of an ufual eir
plovment aW a home ? But, fir, perhaps it will be faid that m
ceffity, the fafety of the republic requires this. When the It
gions of Britain were upon our fhores, when we were ftrugglin
for our very exiftence, the hecefiity was not then thought fui
ficiently imperious to warrant fuch a principle. Can it then h
laid, that with treble the population, and in an offenfive war, n<
ccflity reauires the dangerous innovation ? Certainly not— igaii
the law then and now allows the foldier to be arretted for a del
amounting to two dollars ; and will you fay that the debt i
which there can be no deception incurred, for the moft neceflai
of all things, food, clothing and inftruction for infancy , Xhall b

cursGHESSIONAL REPORTER.

difregarded ? I truft, fir, that a principle fo unreafonable will ne-
ver prevail. But lattiy, faid Mr. S. 1 do contend that the claufe
is contrary to the fpirit if not the letter of the conftitution* That
conftitution provides that private property fhall not be taken
without a reafonable competifatibn. The property which a par-
ent has in the fervices of his ion, of a guardian in the fervices of
his ward* and a matter in the fervices of his fervant, though dif-
fering widely in dignity, is as real and oft£h times more 'import-
ant than the farmer has in his perforial eftates, or the planter in
his Have. It alfo impairs the force of contract* which is Uri&ly
interdidted to the dates, and a fortiori not to be done to the
general government. For thefe and for many other reafons
which might be added, Mr. S. moved to ftrike out the third
feftion of the bill.

Mr. D. R. WILLIAMS faid he did not knpw in what
fchool the hon. gentleman (Mr. Stow) had learnt his ethics ; - [
but it appeared to him his mprals were graduated on a fcale as
weak and deceptive as would, from his obfervations, appear
his pat r k§tifm* He (Mr. W\) had been taught to believe that
the principles of morality were in themfelves. fixed and fettled *
unyielding to times and circumftances, and of courfe that which
was moral in relation^to militia, could not be otherwife in the
regular army. But the* principle of the fection reftson ftill ftrongv
er grounds. In the militia, thefervice of the youth is obtained
by coercion, in the regular army by voluntary enliftment. The
gentleman has afcribed to me opinions^ which, he fays? I exprt £
fed a year ago. He had not flattered himfelf that any opinion
of his could have naads lb lafting an impreflion on that gentle-
man's mind, nor is it material diftinclly to recal them to the,
Houfe, much Ids could he anticipate fuch an unfair ufe would
be attempted of any which he may be fuppofed to have held;
but this he certainly remembered, the gentleman himfelf voted
for the employment of militia-men under f he age of twenty- one %,
years. *To coerce the militia fervices of a youth, was then quite/
'moral in that gentleman's view ; but to accept the voluntary ser*
vice of the fame individual in the regular armynow is denounced
by him as deftruftive of public morals and public -economy.—
According to the gentleman it is altogether moral to extort mili-
tia fervicc of the young, to be performed too in a modfc on which
We all agree it is neither lafe nor economical wholly to rely,
while to receive his voluntary fervice in the regular army, at
a time of hazard and national extremity* is inhumap and immor-
al ; and yet the gentleman h*s yielded that the immorality, this
crying enormity, (the 3d feftion) may be qualified by neceffity !
Can it be denied that the neceflity is palpable ?» Can the gentle-
" nan wifhtofeeit ftironger ? Did theaflairs of any nation ever
all louder for a phyfical force than do ours ? The enemy are on
pur weftern, your northern, your fouthern, your raftern fron.
iers ; God only knows where they are not. He was warranted

CONGRESSIONAL REPORTER.

■>■ > V

advocating the fef^ian u^on the great principle of national
t'ceffity and ufefulnefs. In all great crifes individual benefit
tight not to preponderate agaihft the public good. Militia fer- .
ices are tranfient ; ought Jipttq befoiely depended on, and afc
ey^re releafed in that proportion oqght your regulur forces to
^ increaled. The prefent provifion is intended 4U0 to prevent
"Che frauds and impofztionspJraftjfed on your recruiting officers,
-who 3**J(iable to forfeiture and the lots of the bounty paid to any
dne.T vc t ay enlift under tweixty-one years of age.

XhtHgentlemanV ideas of patriotifm are equally novel -and
mistaken — he contends that individuals enter the military fer.
vice of their country with precifdy the fathe'bbjedt that they be-
come fmiths— emolument* Mr* W. faid he had always confid-
ered that patriotifm w is to be found in facrifices of individaal^d-
vantages to the public weal* and not, as is fairly to be inferred
from the gentleman, in -drawing individual emolument from the
public cpffers — No fir, patriotifm isnpt t6 be purchafed, it flows
from thi^fieart ; it is baled on noble principles ; arid although- '
foldiers are paid for their fervices, the great uimulus which car-
ries them into the field, is that love of country infeparable from
the * real patriot. In vain^ fir, will the gentleman talk of the in-
creafe of our population fince the revolution — it muft be much
more augmented to produce even a lefs force than the one coo.
templated, if that which feems to be his patriotifm (hall pervade
the nation* ; ' \

Mr* STOW. — The gentleman is miftaken in f uppofing I ad-
vocated the principle, that minors would make.thc best foldier**,
His principal objetli on is to the^onclufions and frauds prafitifed
upon officers. He fays, if an officer enlifts a man under 21, he is
liable to lofe the bounty. This is true. But does, this se£tton
rejaove the difficulty ? Are not officers, expofcd to the fame
frauds ? Suppofe you ehfift one under 18, the age limited by the
bill, the refult to the officer muft be the lame — and has an officer
any better means of knowing that a recruit is lefs than eighteen
than that a recruit is lefs than twenty-one. ? Sin if this faction is *
made folely with regard to the protection of officers, it is clear
that it does not, and cannot, remove the difficulty. ■•. £ ;

Mr. M1LNOR faid, that if he «nderftood the Sd fedVion of i
the bill under confideration, it allows recruiting officers to enlift f
minors'aboye the age of 18 years, without regard to their . .fitu? ;
ation as apprentices to tradesmen, or living under the care and \
guardianship of their parents :^and its object was to hold -out
to young minds a temptation to defeat the nCeful courfe deftineclj
for them by their friends* for the purpofe of becoming foldiers*/
Now, said Mr. M. whatever may be the neceffity of war, # oi
fome occasions* and however neceflary fotne gentlemen mi| "
think that in wtteh we are now engaged, which was a quef"
he should not now meddle with, he was desirous that its o|
ations (hould be sq condu&cd, as to do as little injury as po1

\ 'i

!6ngres$ional reporter.

ble to our fellow-citizens, and as the leading principle in the
condud of all politicians mould be a regard to the public good—'
he hoped for a general concurrence iti this fcntimcnt ; that for
his own part, he wifhed the war to be felt as little as poffible in
the families and occupations of the people* We are , not, fakl
lie, to be organized into a military government* However nee*
eflary lome may deem this war ; all will defire a fhort one*
Thank God no Napoleon has yet rifen up amongft' us tq^tenge
our free inftitutions |nto a military defpotifm. Enco^i£ft if
you pleafe, a military spirit, that we may be ready fen 1 national
defence r when neceffary ; but let it be done in the fpirit of the
eonftitution, by means of a well regulated militia-* Let our citi-
zens and our farmers surrender their apprentices and children
to be trained and inftru&ed in military tactics, at dated times,
that when arrived at the fote of manhood, they may be ready
for their country's service. But what is here propqfed ? to go
into the workfbop of the induftrious mechanic, or into a parent's
dwelling, and entice away by the hire of money and military
glory, the apprentice and the child. No patter what monies
fiav6 been expended in his education, or 'how great has been
parental exertiori to advance the future profpedtsof the child, any
recruiting officer,or even a common iold'ier,profiigate in his prin-
ciples, and inured to vicious habits, is by this bill encouraged
to feduce him from his duty- This is not the only bad efleft..-
Society, no lefs than the individual, is interefted in his acqmfw
tion of a trade, that he may have the means of preventing him-
felf and family from becoming a barthento the community*
There is a fufficient pronenefs to vice in the youthful mind,
but this mifchievous provifion dangeroufly enlarges the fphere
of temptation* Mr. M. (aid he Was particularly alarmed ior the
city where he refided ; that it was already to a very great extent
a manufacturing town, and greatly increafing in manufa&ures.
There artisans are very numerous, and many depend almoft
entirely on their apprentices for the profecutioa of their busU
nefs— tothem it was a molt injurious meafure. Every *pe
knows that boys of the age you have propofed to make them
tbidicrs, very often become difcontented with their fituations,
they form connections and acquire propensities which create a
Irohg defire of releafe from # their mailer's fervice ; and do
ou propofe to fill your armies by providing thefe indifcreet
'oung men with the means of legally gratifying their improper
iclinations, and thereby do incalculable injury to them, while
>u hcerate the feelings of their parents, or give a deep wound
the interefls ef their matters ? Viewing this expedient on the
|pre of general policy, its morality, its juftice or humanity, Mr.
faid, he deemed it equally pernicious ai>d unwarrantable,
le honorable chairman of the military committee had (aid,
it frauds were now practifed by pretended allegations of mi*
ity, and the bounty paid was in many inftances loft* Surely,

CONGRESSIONAL REPQRTER. 5

laid Mr. M* this mull be the fault of the ' officer in yielding too
lightly .to unsupported (uggeftions of this fort— he might, if he

Eltafcd, require the fa£t to pe proved in a court of juftice on a
abeas corpus or other procefc, inftituted for invt fttgating the
matter*

Mr. TROUP said the objections to this provision were lame
in their nature ; he only wished they were half as sound as they
were nevel. It was the result of the experience of the men older
than themselves in military concerns, that this very description of
population between 18 and 21, constituted the strength and vigor
of every war. "What was the. fact as respected France ? So just
Was this principle in the contemplation of France, that her whole
army is made up of these young men — and yet an attempt is made
to deter us from using them by a flimsy pretext that to employ
them would be violating the obligations v of a contract and the
principles of morality. If our feelings and sympathies be suffer-
ed to influence us in favor of the individual who voluntarily en-
lists, the reasons are much stronger in favor of discharging one
half of those already in your ranks, than the description just
spoken of. There is scarcely any man over the age of 21 years,
between whom and other individuals there is not some strong
obligatory moral tie, ftfcich we ought not to sever if we could
conveniently avoid it. Look at the case of a husband deserting
his wife and children, or of a man above 21 deserting his ' aged
parent dependent on him for subsistence. Are not these eases
equally strong. The doctrine of the gentleman, whether on (he
score of morality or expedience, will apply to cases above as well
as below the age of twenty-one. As respects the young men of
oar country, there is no fact better established, than that, at the
age of 18, they are, as respects physical power, as \tall qualified
for the fatigues of the camp, as in other countries at 21. Their
services are more valuable than tho$e of any other class ; and he
xras not willing to dispense with them when we had the greatest,
tceasion for them.

Mr* L9WNDES spoke in favor of the section* but in so low
* atone of voice as to be inaudible to the reporter. 4

Mr. GOLD premised, that he did not rise to ente'r into the
general policy of the war ; nor could he deny it to be the duty of
those who have declared the war, to provide an army to carry it -
•a. But he added, it is better for the array to be augmented by
tery liberal bounties and wages, than that important principles
should be violated, and an inroad made upon the great relations
ttd interests of society. Are gentlemen aware bow extensive is
tke province of master and apprentice ? How wide spread the re-
lation in the community ? A sensation will be produced, which
Etfemen seem not to have anticipated. The "respective states
e, with studious care, legislated upon and regulated the vari-
ous duties of Masters and Apprentices. Under those laws 9*
dear obligation is created upon the apprentice to serve till of age $

10 CONGRESSIONAL REPQRTER.

arid in some states, to compensate for absence or desertion during
the stipulated apprenticeship $ foiv a faithful performance, the
parent or guardian becomes responsible, and for non-performance
liable for damages to "the master. Can the authors of this bill,
imagine that those solemn obligations contained in indentures of
apprenticeship, will dissolve and vanish under the charm of the

'hill ? Can the fundamental principles of the constitution, render-
ing contracts sacred, be v *fjius uprooted and destroyed? Can this
hill deprive the master of his action, secured to him by the laws
of the state, against the master or guardian for absence or deser-
tion of the apprentice ? . Here is a most serious bearing upon the
laws of the states, regulating this important relation. But gen-
tlemen al ledge necessity ; the army must be tilled up ; officers are
imposed on by fraudulent minors, who receive the bounty, and
then claim a release upon the plea of non-age. In answer, let
gentlemen beware how they yield to this fancied plea of necessity
-—all history attests the danger of yielding essential principles to*
state necessities ; to temporary pressure and, impulses — such pre-
cedents become infinitely mischievous in society. *^o fancied
benefit can compensate for the evil of such examples. How>easy
is it to remove much of the complaints by providing that the mi-
nors, who shall impose upon the' recruiting office!*, shall refund
the bounty he received before he receive his discharge. Sis oh a
provision would be just, and not violate general principles. There j
is certainly no new difficulty in the subject— no new exigency or jj
unforesen embarrassment. How far this act will be carried into t
practice, I cannot say ; but the letter* of the bill extends to all I
persons whatever, any former law* to the contrary not withstand-. J
ing. The provision reaches slaves, who, enlisting^ may be re- j
tained by the recruiting officer.
The motion to strike* out the third section was negatived.

- Mr. LITTLE. — In removing one evil, Mr. Chairman, let trs be-*
ware that we do not substitute a greater. • The object of the sec-
tion proposed to be stricken out of the bill on your table, and now
under consideration, is to till up the ranks of your army. From
every attention $ have been able to bestow on this subject* wnich^
permit me to say, I am anxiously desirous *as much, so, I trust,
as any gentleman in this committee, to see realized, will, if re- J
turned in its present shape, in my humble opinion, be productive,
of much evil, and perhaps but little good. You receive into the
army by voluntary enlistment that description of our Yellow-cit-
izen*, at a time of life to them the most interesting and auspic-
ious, as respeets tbcjr future. pursuits and welfare. I have always
been given to understand that the camp is bat illy calculated? in\
those stations whieh they only can fill in the army, either to im-
prove their understandings or perfect them in such habits as are
calculated to acquire a respectable subsistence, or fit them for the
domestic duties of their future lives. In the course of nature,
they, it may be truly* $aid, constitute the future growth Wl

CONGRESSIONAL REPORTER. ;'• < 11

ength of every country. The laws of this land render every
of theirs illegitimate. Abstract from the consideration of a
dier, for wMek they are only rendered fit from their corporal
wers, everything with tjiem is premature. If forced into ex-
noe, like the flower or fruit unseasonably raised in a hot-bed,
ars the external qualities, but in fragrauee and taste h unnatu-
|I and insipid. * » . **

i Sir, have we not some reason to doubt the constitutionality of
pg section* In its operation it evidently will vitiate contracts
ftich ought always to be held sacred, solemnly and voluntarily v
Itered into by the parent or guardian with the master of an ap-
pnticc, reciprocally beneficial, founded on the most laudable and
pise-worthy principles, oa the faithful performance of which

Eterially depends the future welfare of the youth, to whieh I
ieve may reasonably be added, the comforts and good order of
piety. Do we not know, Mr* Chairman, that at that period of
feir lives and servitude, in which you. make them liable, if
h section is retained, to be drawn from the service of
eir masters, that then, and only the*, are they enabled a»d,
pome qualified to make, some remuneration for the pains ami st-
ation paid to their improvement and instruction by the worthy
d industrious mechanic or manufacturer : and will you by this
propitious act endanger the future happiness of the former,
d withhold that just reward due to the industry of the latter I
a annihilate this contract, which ought to be held if possible
folate by the government. Every principle of justice and
(&d policy dictates its rigid fulfilment. Are we not aware, sir,
jhe immense sums now invested and actively employed in the
nt manufactories distributed over our extensive country?
ire not know that the manual labor of them is conducted
ipally by such who now are or will in time come within the
ion of this section of your bill. Have this government andi
[people of this country no interest in the prosperity of these **>
jjufaetories ? I have always been taught, and for one do relig-
SLj believe, on their materials virtually depends the completion
jiff independence as a nation. * Let me entreat you*to reflect
Ire you hazard this dangerous experiment — lest in the adop-

tf this hitherto novel principle, and in its operation you may
ger the safety or at least the prosperity of our republic by
bg its'innufactories a vital stab.

torn the present state of our relations with foreign countries,
»re, I may say, happily deprived of their supplies of manafac-
►—necessary to our convenience and comfort from abroad,
fii»t-at this day depend n Arly entirely ujjion the resources of
Wintry. I thank God, the productions of our native soil,
fc# genius of our countrymen, are. such as will abundantly
Y them. Hitherto, the very arms with which our soldiers
•iir battles, havo ( been manufactured by pvv own citizens,
t Is said, their clothing will in a little while oe eemposed en*

CONGRESSIONAL REPORTER.

tirely of the domestic. The prosperous situation, in vlgch a]
our manufactories are now placed will enable them to afford ev«
ry comfort to. both citizen and soldier— if improvidently we
not by any act of imrs strangle them in their infant efforts.
shall boil the .happy diay which will bring with it their maturity
which, for the happiness of my country, is not far distant.

The gentleman Troni South Carolina (Mr. Lowndes) in decls
ing the necessity of the times, and the right the government hi
upon the services of its citizens, has done justice to the disj
lions and qualifications of that class of our fellow-citizens,
differ from that gentleman in the idea of those times.
lilave not yet arrived. When our territory or our states shall
invaded, we need no other laws than those which now are in
istenee both in the general and state governments. I know
to be the case in that which I have the honor in part to represei
"When a draft takes place, and troops are wanted, our laws
114 exemption between the ages of 18 and 45 years — all are
ject to their tour df military duty. When our state is invj
or threatened to be inva#d, the existing laws command the
stant service of all. I need urge no arguments to this Coi
to show where the distinction exists between this service ai
voluntary one in distant war. In the former, when the torn
performed, the survivors return to Iheir farms, their work-sl
and homes.

It is not my desire, Mr, Chairman, to prohibit altogether
enlistment of minors, when it can be done without a violation!
the rights a parent, guardian or master has over them in gov*
ing their actions. I have felt it my duty to give you those
ons founded on my best judgment, why I eannot vote for this
lion, and shall now submit an amendment, which I believe si
sedes the motion of the gentleman from New York (Mr. Sto^

Here Mr.L. prepared his amendment, which went to auti
the enlistment of minors with the consent of thdr partnts s
dians or masters, if ani^they have.

The motion was declared by the Chairman not to be iitordt

Sundry other amendments were proposed in the commits
ter the bill was reported to the House, and negatived.

The bill was then .ordered to be engrossed for a third readii
. The debate on the final passage of the bill follows :

Tbe x engrossed bilUoncerning the pay of non m commissiona
fleers, &c* and for other purposes, being under consideration.
Qu i n c y , of Massachusetts said-'

Mr. Speaker, I am fenfible that I owe an apology for a<
ing you at fo early a period of the feffion, and fo foon aftei
ing my feat, if not to the Houfe at lead to my particular
uents. It is toell known to them, at lead to very many* o\
for I have taken no pains to conceal the intention, that
to this ieffion of Congrefe, with a fettled determination t<

CONGRESSIONAL REPORTER. IS

no part in the deliberations of the Houfe. I had adopted this
rcfoLution, not io much from a fenfe of fclf-refpctt, as of public
duty. Seven years' experience in th£ bufinrfs of this Houfe,
.has convinced me that from this fide of the houfe, all argument
i& hope Ids ; that whatever a msyority has determined to do, it
will do, in fpite of any moral fuggeftion, or any illuftrati®n made
in this quartea Whether it be from the nature of man, or whe-
ther it be from the particular prcfriiions of our conftitution, I
iknow not, but the experience of my political life has perfectly
ponvinced mf^of this fa6l, .that the will of the cabinet is the law
of the land. Under thefe impr%ffions, 1 have felt it my duty not
to deceive my conftituents ; and had, therefore, refolved by no
afe\ orexpreffion of mine, in any way to countenance the belief
■ that if any representation I could make on this floor could be
*ufeful to them, or that I could ferve them any farther than by a
iilent vote. * liven now fir, it is not my intention to enter into
- -this difcuffion. I fhallprtfent you my thoughts, rather by way
of proteft that of argument And I lhali not trouble myjVlf atl
terwards with any cavils th&t may be made ; neither by whom,
nor in what manner.
Iihould not have deviated from the refolution of which I
i havefpoken, were it not for what appears to rpe the atrocity of
(he principle, and the magnitude of the mifchief, contained in
■ K the provifions of (his bill. When 1 fpeak of the principle as a-
ktrtcious, I begdiftin€lly to be under flood, ?s not impeaching
► the motive of any gentlemen, or reprefenting them as advocat-
ing an atrocious principle. I fpeak only of the manner in which
' the Objefl prefents itfelf to my moral view.
; It is the principle contained in the third fedtion of the bill, of
r which I fpeak. That fe£lion provides, that " every person a-'
have the age of eighteen years, v>h* shall be enlisted iy
vony officer ; shall be held in tfa service of the United
.Spates during the period of such enlistment; any thing
in any act to the contrary notwithstanding. 99 The nature
^ of this provifion is apparent, its tendency is not denied. It
is to feduqe minors of alldefcriptions, be they wards, appren-
tices or children, from the fervice of their guardians, mailers and
! parents. On this principle I reft my objection to the bilL I
\ toeddlc not with the nature of "the war. Nor is it becaufe I am
boftile to this war, both in its principle and its condutt, that I at
Ifreienl make any objedlion to the provifions of the bill. I fay
nothing againft its wafte of public money. If eight dollars a
month for the private be not enough, take fixteen dollars* If
' that be not enough, take twenty.^ Economy is not my difficulty.
Nor do I think much of that objefclion. of which my honorahle
friend from Pennfylvania (Mr. Milnor; fremed to think a great
deal ; the liberation of debtors from their obligations. So far as
relates to the prefent argument, without any objedlion from me,
you may take what temptations you pleafe, and apply them to

14 x CONGRESSIONAL REPORTER,

the ordinary haunts for enliftment — clear jails—cxhauft i
brothel—make a dekrt of the tipphng-ihop— lay what fnares y<
pleaie for overgrovvn vice, for lunacy, which is full of age, ai
ideocy out of its time. »

But here ftop. Touch not private tight— regard the fa
ties of guardian and matter— corrupt not our youth — liften tot
neceffuits of our mechanics atid manufa&urersf— have congpa
fion for the tears of parents.

In order to give a clear view of my subject, I shall consider
under\tm*ee aspects. Its absurdity— its inequality— its immo

iy.

In remarking on the absurdity of this principle, it is necessary

to recur to that part of the nsessage of the President of the li-
nked Stales, at the opening of the present session of Congress,
which introduced the objects proposed in this bill to the consid-
eration of the JJouse ; and to observe the strange and left-handed
conclusions it contains. The paragraph to which I allude is the
JhllQwing : »

" With a view to that vigorous prosecution of the war, to
which our national faculties are adequate, the attention of Con-
gress will he particularly drawn to the insufficiency of existing
provisions for filling up the military establishment.. Such is* tw
happy condition of owe count tnj ? arising from the facility of *o$-
sisUnce and the high wages of every species oj * occupation, that not-|
withstanding the augmented inducements provided at the last sesr\
sion, a partial success, only has attended the recruiting service* ]
The deficiency lias been necessarily supplied during the campaign)
by other than regular troops, with all the inconveniences and et J
peose incident to them. The remedy lies in establishing morefa*
vorably'ibr the private soldier, the proportion between his reenm-i
pn::sc and the term of enlistment. Aud it is a subject, which cao-j
not too soon, or too seriously be taken into consideration.". j
Mi*. Speaker — AYhat a'praure of felicity has the President of|
the United States here drawn, in describing the situation of tbej
yeomanry of this country ? Tlh&r condition happy—subsistence
easy — wages high— full employ— To such favorable beings, what
would be the suggestions of Jove, truly parental ? Surely that so
much happiness should not be put to hazard — That innoceneoi
should not be tempted to scenes of guilt. That the prospering
Ii»ughsharc should not be exchanged for the sword* Such would
>e the lessons of parental love. And such will always be the lessons
which a President of the U. S. will teach in such a state 'of things,
whenever a father of his country is at the head of the nation*
Alas ! Mr. Speaker, how different is this message ! The burdca
of the thought is, how to decoy the happy yeoman frqra home,
from peace and prosperity to scenes of blood — how to bait the
-man-trap : what inducements shall be held forth to* avarice*
which neither virtue, nor habit, nor wise influences can resist
But Uiis is not the whole. Our children are to bo seduced from

CONGRESSIONAL REPORTER. 15

their parents. Apprentices are invited to abandon their masters.
A legislative sanction is offered to perfidy and treachery. Boun-
ty and wages, to filial disobedience. ~ Such are the moral means,
ty which a war, not of defence or- of necessity, bat of pride aid ,
ambition, should be prosecuted. Tit means to such an end.
The absurdity of this bill consists in this— in supposing these
f provisions to be the remedy for the evil, of which the President , t
' complain^. The difficulty is, that men cannot be enlisted. The *

| remedy proposed h, more money — and legislative liberty to
J corrupt our youth. And how is this proved to be a remedy ?
Why it lias bean told us on the other fide of this House, that
, this fg just the thing they do in France. That the age between
! eighteen and twenty-one, is the best age to make soldiers. ' That
it is the most favorite age in Bonaparte's conscription. Well, sir, *-
what then ? Are we in France ? Is Napoleon our king ? or is he
the President of the United States ? The style, in which this ex-
ample has been urged on the House, reeals to . my recollection, .
very strongly, a caricature print, which was much circulated in
the early period of our revolutionary war. The picture repre-
sented' America as a pale youth, about eighteen or twenty-one,
with a huge purse in his pocket. Lord North with a pistol at his
breast, was saying, " Deliver your money ." George III. point-
ing at the young man, and speaking to A»ord North, said, " I giv<*
voa that man's mouey for my use." Behind the whole group
was a Frenchman capering, rubbing his hands for joy, and ex-
claiming, " Begar.just so in France" Now, Mr. Speaker, I
Lave no manner of doubt, that the day that this act passes, and
the whole class of our northern youth, is made subject to the
J bribes of your recruiting officers, that there will be thousands of
i* Frenchmen in these United States, capering, rubbing their hands
VfoJ* joy, and exclaiming. " Bt gar , just so in France." - Sir, the
1 great mistake of this whole project lies in this ; that French
.maxims are applied to the American States. Now it ought never
ta be lost sight of by legislators in this eountry, Jhat the people
ff it are not, and never gznhe Frenchmen — and, on the contrary,
' that they are, and can never be any tiling else than Freemek.
' The true source of the absurdity of this bill, is a mistake in the
,■ mature of the evil. The President of the United States tells us,
thai tlie administration have not sufficient men for their armies.
The reason is, -he adds, the want of pecuniary motive. In this
he% the error. It is not pecuniary motive that is wanting to fill
Jonr armies. It is moral motive in which you are deficient. Sir,
whatever difference of opinion may exist among the happy and
(arise yeomanry of New-England in relation to the principle and
bteesaity of this war,. there is very little, or at least much less di-
versity of sentiment, concerning the invasion of Canada, as a mean
ifproseeuting it. They do hot want Canada as an object of ambi?
Han ; they do not want it as an object of plunder* They see no
bmgiiiable connexion fhSffeen the conquest of that province, and

16 CONGRESSIONAL REPORTER.

the attainment of those commercial/ rights which were the pre-
tended objects of the wir. On the contrary, they see, and very
plainly too, that if our cabinet be gratified in the object of its am-
bition, and Canada become a conquered province, that an apology
is immediately given, for extending and maintaining in that coun-
try a large military force f under pretence of preserving the con-
quered territories — really, with a view to overawe adjoining states.
With this view x>f that project, the yeomanry of New-England
Want that moral motive, which v> ill alone in that country, £11
Tour armies with men worthy enlisting* The/ have no desire to
be tools of the ambition of any man, or set of men. Schemes and
conquest have no charms for them. ,

, Abandon your projects of invasion : throw your shield over the
seaboard ami the frontier ; awe into silence the Indians in your
territory ; fortify your Gities; take the Shackles from your com-
merce ; give us ships and seamen ; and show the people of that
country a wise object of warfare, and there will be no want of
men, money or spirit.

I proceed to my second objection, which was to the inequality
of the 'operation of the provisions of this bill. It is sever to be
forgotten in the conduct of the government of these United States,
that if, is a political assoeiation of independent sovereignties*
greatly differing in poiri (6of wealth, resource, enterprise, extent
of territory, and preparation of arms. It ought also sever to be
Jorgottcn, that the proportion of physical force, which nature
has given, does not lie within precisely the sarfie line of division
with the proportion of political influence which the constitution
lias provided. Now, sir, wise men, conducting a political associa-
tion thus constructed, ought always to '* have mainly in view not
to disgust any of the great sections of the country in regard
their interests, their habits, or their prejudices.

Particularly ought they to be cautious not t6 burthen any of th<
great sections in. a way peculiarly odious to them, and in whicl
the residue of their states cannot be partakers, or at least only ii
a small degree. I think. this principle of political action is incen«
t rover tible. Now, sir, of all the distinctions, which exist in thes<
United States, that which results from the character of the laboi
in different parts of the country, is the most obvious and critical*
In tfc southern states, all the laborious industry of the eoufctr;
is conducted by slaves; in the northern states it is conducted bj
the yeomanry, their apprentices or children — The truth is, t\x;
the only real property, in the labor of others, which exists in tii
northern states, that which is possessed in that of minors ; thi
very class of which, at its most valuable period, this law propose
to divest them. The planter of the south can look round up<
his fifty, his hundred and his thousand of human beings, and sa;
<• these are my property ." The farmer of the north has onl
one or two "ewe lambp*" his children $ of which he ean say wr
pride, like the Roman matron— these are my ornanaeattj

CONGRESSIONAL REPORTER. 17

Yet thefe, this bill propofes to take from him ; or, what is<the
lime thing, propofes to corrupt them ; to bribe them out of his
fervice, and that too, at the very age when the deli re of freedom
is the moft atlive, and the fplendor of falft glory the moft en-
ticing. Yet your Daves are lafe— there is no projeft for their
rnanumiflion in the bill. The husbandman of the north, the
mechanic, the manufafturer, fhall have the property he holds
in the minors fnbjeft to him put to hazard* Your property in
the labor of others is fafe. Where is the juftice— where the
equality of fuch a provifion ?

It is very well known— in our country indeed it is obvious,
from the very nature of the thing, that the exa£l period of life at
which the temptation of this law begins to operate on the minor,
is the moment when his fervices begin to be the moft ufeful to
the parent or mailer. * Until the age of eighteen, the boy has
hardly paid co the parent or matter the coft of his clothing & ed-
ucation. Between the age of eighteen and twenty is juft the pe-
riod of profit to the father and mailer. It is alfo the period at
which, from the approximation towards manhood, fervice be-
gins to grow irkforae, and the defire of liberty powerful* The
paffions are then alfo in their moft ungoverned fway ; and the
judgment, not yet ripe, can eafily be infatuated and corrupted
by the vain dreams of military glory. At this period, your law
appears with its inftruthents of fedu&ion. It offers freedom
to the minor's dt fire of liberty— plunder to his avarice — glory
to his weaknels— in fhort, it offers bounty and wages for diso-
bedience to his natural or focial obligations. This is a true
vie v of this law. That it will have that full operation which its
advocates hope and expeft ; that it will fill your armies with
runaways from their mailers and fathers, I do not believe. But
that it will have a very great operation, I know. The tempta-
tion to fome of our youth will be irrefiftible. With my content
they fliall never be expofed to it*

I offer another confideration. The conftitution of the United
States declares in its feventh amendment— " Private property
fhall not be taken for public ufe, without juft compenfation*"
Now of all the property which the laws of the northern states
fecure to the people of that country, that which confifts in the
labor of the minor, and which, by our laws, is facred to the
guardian, mafter orjparent, is perhaps the moft valued and moft
precious to our manufacturers and yeomen. Yet when the
gentleman from New- York (Mr. Stow) propofed tofecurethe
wages and bounty of the enlifting minor, tothofe to whonf his
fervice belonged, it was rejefted. What is this but a palpable
violation of this provifion of the conftitution ? What is this but
taking private property for public ufe without compenfation ? 4

But neither the pecuniary lofe nor the violation of the confti-
tution, is the evil which I moft deprecate. • It is the infringe*

No. Q. DEBATES.

IS CONGRESSIONAL REPORTER.

mcnt of cwfr moral rights and the inroad which the bill makes in
the moral habits of our quarter' of the country. I know that
gentleman are very apt to Ineer, when they hear any thing faid
about religious inftitutions or moral habits, in the taftt r n coun.
try. But I will explain what I mean. It in not our religious in-
ftitutions, our fabbaths, our fafts, our thankfgivings, nor yet our
fchooK colleges andfeminaries of education, to which I refer,
when I fpeak of our moral habits. Thcfc are but means and pre-
cautions. It is certain eftablifhed principles of life and conduit
which without being noticed in, general laws, are often the foun-
dation of them* and which always rule and controul our pofitive
inftUuriotuu I do not know* for inftance, that the fextent of the
fnofai tie which binds thefon to the father, or the apprentice to
the mailer is precifely affigncd by any of oi?r laws. Yet the
principle upon Which all/nir laws on this fubjeft reft, is this :-—
That this tie is {acred and inviolate. ' The law regulates* but,
except in cafe of naifcor.dufib never fevers it.

I know it is faid, that in our country "minors are Ribjeftcd to
militia duty* And fo they are. But this very fervice is a proof
of the pofitjon which I maintain. The obligation to ferve in
the miliua is always fwbje£l to the paramount duty to the mafter
and the parent.

' The law fays~ it is true, that minors fhall be fubjedt to militia
duty ; but it alio permits the father afid the mafter to relieve
them at an eftablifhed price. If either will pay the fine, he may
retain the fervice of the minor, free from the militia dutv. What
'is the confluence of all this? Why that the minor always
trains not fre$ of fine, but fubjeA to th6 will of his natural
>giiardians. The moral tie is facred, muft not be broken. It
is a principle, that cafes of his conduct out of the queftiom the
minor fhall never conceive him feif capable of efcaping from the
T Whfc»k-fome and wife control of his mafter or father. The propos-
ed law cuts athwart this wife principle. It preaches infidelity.
It makes every recruiting officer in your country an apoftleto
perfidy. It fays to every va*r>i thoughtlefs, difcontented minor ;
~ " Come hither, here is an afylum from your bonds. Here
are wages and bounty for difohedience: — Only confer) t to go to*
Canada— Forget what you owe to nature and your protestor s~
' Go to Canada and you (hail find freedom and glory^-^Snch is
the morality of this law. * ' '

4 Take a Have from his mafter, on any general and novel prin-
ciple, and there would be an earthquake from the Potbtiac to
the^St. Mary's. Bribe an apprentice from his mafter; feduce
a fon, worth all the flaves Africa ever produced, from his father
^ we are told it is only a common affair. It will be right when "
there is a law for it Such is how the law» in France ! N>
*Mr. Speaker— -I hope what I am now about to fay will not
be conftrued into a threat. It is not uttered in that fpirit s but
only to evince the ftrcngth of my convi6lions concerning the ^f-

CONGRESSIONAL REPORTER. 19

fe&of the provifiohs of this law on the hopes of New. England,*
jpticularfy of MaflTachufvtts* But pafs it, and if the legiflatures
ffthe injured ftatis do not come down upon your recruiting of*
Jeers, with the old laws againft kidnapping and man ftealing,
f*ey are falfe to themfdves, their poft. rity and their country.
, Mr. FISK exprefled the aftoniihment he felt at the obferva-
pons which had fallen from the gentleman juft lat down. He
ptrtainly agreed with the gentleman in one thing * that thofe
pho are in purfuit of a favorite objeft frequently overleap the
pounds of reafoft and decorum in fupport of it. Now, it had

en. a favorite object with tha^entleman to fhield the Britifh
pvcrnment from blame ; jJKrit was an object which he cer-

inly purfued with the greateft ardor and anxiety. In the ad.

refs of that gentleman's political friends, in Congrefs, to their
fconftituents, fubfequebt to the declaration of war, it had been

geceptively laid, that. a difpofnion exifted iw the Britifh govern-
ment to make arrangement on the fubjedt of impreffment. Nov?,
(fir, that the ground i$ taken from under them, we, hear that the
jobjett of the war is an unrighteous one and we are guilty of wa-
lking it. Is it indeed guilty to defend our country ? faid Mr. F» '
The gentleman would overawe the Indians. Sir, the mod in-.
pocent party in the war againft us is the 1 Savage himfelf. How
[comes he in the ranks againft us, with his tomahawk and fcalp*
jjng knife ? Why is he compelled to fhed our blood ? Why
|has the gentleman (hielded Britifh inftigation of thdr outrages 2
Again, fir: — Has the gentleman no feeling for the fufft rings,
uoear for t}ie groans of our* feamen? Has he no fympathy for
thofe relations of life, from which the feaman is torn away, and ,
par that moral fentiment which is violated in that Outrage—
fndare we guilty becaufe we (hield our citizens frona u ? Are
We guilty becaufe we refill the Britifh (calping knife ? Recal the
year 5 p8 to yoarTecolle6lion, fir, and the pompous difplay of
tncrgy at that day, and the armies raifed— - to fight whom ? — a
few miferable frenchmen whom they could catch at .11 a- "War
*as then a mere amufement . Why, that we are now at war
irith the nation which has been feizing our property, capturing
our citizens and carrying them into^avery^-why arc our means
tf carrying on the war to be limited ? . •

As to the provifion of tins bill fo.much objected to* was it ef-
fcemed such a violation of all right and principle in the com-
mencement of the revolution to take children of 16 years, of age
from their>parents ? That was die period when the youth of the
country were invited to the field. I was one who accepted the
citation, and I have never regretted i*. But, lays the gentle-
man, will you take the child from the parent * Sir, which excites
*e mod tears— achild leaving his parent to defend his country,
or a parent torn from his family to fight for a foreign power ?
The truth is, that moft of thofe who objeft to this bill would
deftroy all means of carrying on the war, if they coul^L It waa

20 CONGRESSIONAL REPORTER.

• t

not thought immoral in the war of the revolution to takeyomni
of this age, nor were they the lead efficient part of our army

But the gt ntleman fays, the property of a matter is thu*> to b
taken from him, and the conftitution guarantees that u fhall n<
be taken* It is the firft time I have heard apprentices ealle(
property, and they will fcarcely thank the gentleman for com
paring them to the negroes of the fouth. The gentleman fay
we imitate the example ofi Franct. He might as well fey, w
are all Frenchmen, bt caufe \\ e fight ; or that Englishmen ar
all Frenchmen for the faitie reafbn.

The gentleman fpeaks of thi$gyU as though its provilfal
were compulfory. Sir, it contamjpothing but an offer to t\
young men of going into the fervice of their country and iteftra
ing its rights. * Had thst gentleman retained the pride and f eu
ingsof 1776, which has carried us fafely through one war,h
would not have thought it difhonorable to go out in defences

his country. We have much more caufe for war now than w
had then. There is no choice between ^ re- colonization an
war, nor has there been any for a long time.* Thcfe who ai
now difafll'&ed in the ta(K if they believed G. Britain infiflfi
the right to imprefs our citizens, would one and all have draw
the fword On our fide. It is becaufe they have been "dtctifd
that they have not done fo. It is this cry of French induce
which has blinded them. The people of the eaft are jealous
their rights — and God fend they may always remain fo. The
infmuations, fir, have been a brand of difcord thrown amoj
usw It is the divifion they have exeked, and the hope of "ft
greater, which has drawn this war upoh us. An
yet, fir, what have we been told by the gentleman of oi
guilt ? The arrangement of Erfkine, Great Britain rt fufed
ratify ; Ihe bribed your citizens to break your laws in a cla
eftine trade which is forbidden to the fair and honeft mercto
Not a word faid againft it by the gentleman ! And even
this moment, when the fword is drawn, after your men &
butchered and roafted — after years of outrage have paffed aw
—the war on our party is called a guilty contell I Thcfe ftfl 1
ments may* fet m proper to be uttered here ; but they are n
American (entiments, and the time is approaching when tb
will hot be received in this nation- I tell the gentleman and tl
world, that such willbe the cafe. 1 see nothing in the bill e
jectionahle ; it contains fom& provisions abfolutely indifpen
ble ; artd I thall vote for it with pleafure, '

Mr. D R. WILLIAMS faid if it was poffible ft* him
keep down thofe feelings of indignation which preffednp^nj
mind, in what t he had now to offer, he would fpeak with di
refpe& to the orders of th* Houfe, and not infringe its priviltg^
He wifhed indeed he had not occafion to fpeak ; but,
(aid he, it is my misfortune to be the chairtnan of the Milit

CONGRESSIONAL REPORTER. 21

r ommittee, more, Mr. Speaker^ by your partiality than by '**'
m merit of mine. I am co<? pelled to rife. I have been ftig*
matifed by the gentleman (Mr. Quincy) a*, the introducer into
this Houfe ot an atrocious principle* If fueh language comports
pith our rules of order, I t* uft fubmit, f« eing it,is utttred where
k is protected ; bur, fir, I muft pronounce it a libel on myielf,
fod throw it back on him who uttered it, isa foul, atrocious li?
)eIon the committee. Sir, I came here not difpofed to ufe fuch
smguagt* ; nothing but extreme injury fhould extort it from roe*
I with that the gentleman had kept the refolve he informed us
be had formed ? as he could not do fo, I would that he had been
pod enough to fpare me from th£ acrimony of his remarks.
atrocity ! The advocate ofan atrociousprinciple ! Let the
gentleman recur to thofe vvho originated thih principle ; let him
p back to the day of the revolution, arid daunn the memory of
jhe patriots of thofe tunes, the fruit of'wfcofe labors he fo ill de*
frrves to enjoy. The provifions of thofe days authorifed the" en*
iftment of all over the age q{ fixteen years. Nor does the date-
bent which the ^« ntleman frbm New- York made alter the cafe
or if there be an irxreafe of population fince the revolution*
jhere appears to be a correffcondent deterioration of patriotism
The gr ntleman from Maffachufetts admits that a ntceffity may
jxifl to juftify the courfc propofeel by the bilh Well, Sir : was
Dereeveracrifis calling on a people for vigorous exertions
bore awful than that which impends over ps now ? Nqw, when
ivik fpirit of party*has gone abroad and diftra&ed the Union J,
$w, that the date which the gentleman repr^fents is aim oft ifi
fnis againft us ? And, in fuch a ftate of things are we to be
bid that we are efpoufiug an atrocious principle, bccaule we are
ping for the means to defend our country I The will of the
Tcfident is the law of the land, fays the gentleman. How can
le expect his arguments to be attended to, when the fitft word
(cutters after taking his feat \s toinfult and abufe every one op.
jofcd to him in opinion. I beg your pardon, Mr. Speaker, I
J&thatoftheHoufe* for the language lam compelled to ufe;
W fo long as I am a man, fo help me God, when I am told ^ I
In afilaated by an atrocious principle, I will throw it back in
■t teeth of the affertor as an. atrocious falsehood. Look back
*)the principle adopted by the friends of that gentleman— I
rifc I could fay who were hi$ friends— *I do not call the honeft
►j&ralift, who is willing to fupport his country's rights,, his
jipd<-~even in England> the nation from winch he talks of re-
ining his religion and morality, and I might add, his ideas
"^rrights— even in that country, they do not prevent enlift-

51 of minors— thatis, they are not difch^rged on the ground
Jnority . I have said before, sir, that we had examples in
Town government, drawn not to be lure from the pureft times,
t which more than covered the whole calf. A law was psf-

{< :■

( :
V

82 CONGRESSIONAL REPORTER.

fed in 1793 which authorized the enliftraent not only of minor
tot every (kfcription of* perfons whom the Prefidca
of the U. States thought proper to have enlilled — which author
ifcd him to fend recruiting sergeants into every family and taki
thofc who fuited him belt This was the principle of his friend*
Does the gentleman fay that it was atrocious in 1798 to deftn
ouritlves againft the French ? But it has become fo now aecinj
the defence we feek is againft the Engliih. The gentleman ha
faid we act on an abfurd principle, that we have miftaken th
means of carrying on the war to effect : we want the mora
means. JJy this I prtfume he tvpuld.be underftood thatthfl
people are oppofed to the war, particularly our lartk operations*
There feems then to be no moral objection to the war on thj
ocean. And, fir, if it be not immoral to fupport the war on thi
ocean, on what poffible principle can it be immoral, in the famj
caufe, to fupport it on the land I The war on both elements!
for the fame objett ; not, as the gentleman fays, to rob aui
plunder in Canada, but, according to the motto of the gata
captain Porter, for " free trade and Tailors' rights.""' Will ih
gentleman take time to tell us, when next draws a comparifcj
between the Eaft and the South, what are the fouthern motive
for urging the profceution of the war ? Will he tell metbrt
have brothers or friends imprefled in the Britifh fervice
There is fc^cely a man from the wfrolc fouthern country iatb^
fituation* Where do the majority «f your failors come from
From the fouthern ftates or from New-England ? And will tr
gentleman tell his conftituertts, when we are laboring to refcj
their connections, their fritnds, their children — when we.poi
the bayonet towards Canada, for the protection of their fill
our only obje6t is robbing and plnnder ? Sir, we ihall be to
intents and purpofes colonifts, or we mull fight ourlclvesin
pendent. Is there any one principle of colonization which
not been brought to bear on us by the Britifh govrrnnient w:
more rigor than on the ifland of Jamaica ? Colonization has bed
brought home to the habitation of every man! Does not q
gentleman know that the Britifh Tun€tionarics have refiifed.l
releafe the friends, the children of his brethren, of his conftitj)
ems? Is not any argument to the contrary ^ worfe than falfij
Sir, a recreant Coward or a treacherous traitor has brought,
ftain on this country which nothing butpbyfical force, a fill]
the ranks of our army, can wipe off. To effect this defira*
^ object, the bill has been introduced, to which all this ftia
and violent opposition is made. Is your recruiting officer
dered by this bill to enter the work (hop of the artizan to fedo
his apprentices ? Is he ordered into the houfes of your farm*
to (teal away their 4bns ? No fir ; its object is to preyent col
fion and fraud ; to prevent depredation, as it has been called^
you ranks. It is (auctioned by precedent; it is enforced by nee

CONGRESSIONAL REPORTER. 23

fity. Under fuch circumftanees indivfdual convenience ought
not to preponderate againft the general good ? We aflc not for
the fuftainment of an artocioiis principle, or for the adoption of
an immoral law, but for the means to fuppoft a juft war until
u*e can obtain dn honorable peace-asmuch for the convenience
and real benefit of that gentleman and his friends as of any ia
the Houfe. Sir, I hope the Houfe. notwithftanding the terrible

Eitture which has been attempted of the rtf< nttnent which will
e drawn down on your recruiting officers, -will not fiiffer itfelf
to be influenced, much lejs frightened, by the^ gent, from the

{troftrcution of its true intercft,as at the repeaTof the embargo,
f you will yield to threats from any quarter, better at once a-
bandon your feats 'and return to your homes* Let Mailachu-
letts, as the gentleman has threatened, refift the law, I thank
God there is yet no point of conduct between us, but if the
fhall, contrary to our mutual interefti array herfelf againft the
general government, I for one fliall not htliiate to fearch for the
proof thit flie is only & component part of the Union— *\ot its
arbitrds.

I£r\ WHEATON said, that being now satisfied that the bill
'Would receive the sanction of a majority of the members present t
he would not detain the House but for a singln-moroeat, in adding
to the remarks that had already been made. H* regretted ex-
tremely that the amendments that had been proposed could not
have been received, as without .them He could not, in, good eon-
scieoee, give his vote for its becoming a law. He said, he had
never been an advocate for commencing the war, the difficulties
and calamities jf which the country now felt, and that were he
now to profess a friendship for its continuance* his sincerity night
be doubtedrat least by some ; he had therefore n6 such profes-
sions to m&ke ; but he presumed it would not be doubted when
he deelafed, that he bad no objection to a^y reasonable remuncra* .
v tion for the services of those unfortunate men who, either volun-
tarily or by compulsion, had entered the ranks of otr armies ;
said that he did net think the sums* as annexed to the several
grades mentioned in the first section of the Ul), were, under every
equitable consideration, too high. He doubted, however, wheth-
er such an increase of pay were the dictate of public policy. :
Pinching want may give courage and resolution to those whom a
fulness would render inactive or disorderly. Beside*, as this war
must undoubtedly continue at least half a century before any
valuable object <Jan probably be obtained by it, jt may be worth
consideration whether we are not entailing too heavy a burtheu
upoo those that are to come after us. Regard is to be had to
those that are to pay, as well as to those that are to receive ' ; and
it has always been attended with mtre difficulty toreduerf than to
raise the wages of those employed in the public service. But
to this additional pay, howev^ reasonable in itself, there is an-
other •bjection, and perhaps more forcible than any, that is, that

/.I

24 - CONGRESSIONAL REPORTER.

it is ill-timed. For, said Mr\W. if it be a fact, and that it is, at
an honorable man, I am not at liberty to doubt, as it is supported
by" no less authority than that of the President of the United
States, " that the national spirit rises according to the pressure
unit, and that the late partial calamities we hare experienced
have been converted into a source of invigorated efforts, so as to
render it neeessary to limit rather than to excite the patriotic
zeal of the people,' 9 would it not be a dictate of prudence to post-
pone this new encouragement to enlistments to those duller days,
which, in the course of another season, we are taught to expect,,
and Ivhich we fondly anticipate ; when our arms in the hands of
our present soldiers shall be more prosperous, and our success
jmore complete, and when consequently the ardor and patriotism
of our people <f distinguished by their political stations." shall
abate ! And further be observed as applicable to the provision iu
the bill for freeing those that mig'ht enlist from arrests in civil
causes, that no justifiable reason could be assigned why one set
of men, should be thus privileged, and plaeed in a situation where
they might acquire a right in the burying grounds of a foreign
country, while another are thereby deprived of their honest dues.
He also thought it irreconeile&Me to conscience in legislators who
are the guardians of the lives, as well as property of the peoplf ,
when they Will not suffer the conveyance of the smallest parcel
,of property, made, by minors, to be valid, to legalize a contract
made by such an one without the solemnities required from per-
sons of full age, in eases much less important, and perhaps enter-
ed into in a thoughtless moment, by which, if he should fail in
the performance, he might become liable to be shot. On the
whole, he said, that if the war were popular, as many gentlemen
affirm, it might be well worth a little consideration how far it will
go in support of that idea abroad, when it is found that to carry
it on, the government find it necessary to call to their aid bank-
rupts without principle, and boys without discretion.

MR. WIDGERY. Mr. Speaker—This Question has been ably
investigated by several gentlemen, especially the gentleman from
South-Carolina, who is Chairman of the Military Committee*
But there are two points stated by the gentleman from Boston,
which have not been answered by any one. In one he charges
the government with being under French influence. The* other
is, that the will of the Executive is the law of the land. And to
elucidate Jiis French influence, he gives you a caricature, shew-
ing that we acted as in Ftfance. I will answer by another — it is
of a crowd standing by a shop-keeper's door in London; the
shop-keeper, missing a piece of goods, cries stop thief ; the thief,
finding himself likely to be discovered, rushed through the crowd
crying, louder than all the rest, *f op thief I This will apply to
the gentlemen who are continually crying out French influence,
N for no other reason but to hide tho English influence in fcur coun-
try. This is ad artifice which has no foundation* I have often

CONGRESSIONAL REPORTER.

beard of French influence at, home; but never could discover
where it was ; nor have I ever heard of the French minister of
state applauding « his friends in Congress/ Where is this French
; influence to be found ? Is it in the runners, with* British guineas,
from one end of the Union to the other ? Sir, there is an old
* Spanish proverb, that aeover was never big enough to hide itself,
i The gentlemen aro seen through much plainer than they ima^>
! ine* The gentleman from Massachusetts is. very careful to slate
that be means nothing personal. But when he says the will of
: the Executive is the la\v of this nation, is it not a direct reflec-*
: tien on the inajority of this House, charging them \\ith a want
of independence to discharge their duty as the Representatives of
; a free people ; and whatever gentlemen may say about the peo-
ple in Massachusetts resisting the officers of goV6r»merit, I believe
no such thing — the people of that state will not commit any overt
act against the government of the United States.
! S{IR. PITKIN remarked, that the power given to a recruiting
officer to enlist minors, was aT new principle. It had not been
: acted upo* before, or since the revolution — this is a new mods of
\ raising an army j were gentlemen prepared to adopt this new
i principle? Althougbrby *the resolves of the Congress of 1776,
f minors could be enlisted, yet apprentices were exempted— '-and if
r any were enlisted, yet on proper application they were discbarg-
i ed ; unless it could be shown thie enlistment was with the consent
of their masters or guardians. By the law of ^98, the President
\ certainly could direct relative to the size and age of a recruit—
[ yet to whom did he apply ? Not to apprentices — not to wards — »
and then if an officer enlisted an apprentice, without the consent
of his master, he could be taken way from him by the w r rit of
habeas corpus, and the officer held liable for damages. The 11th
section of the law for raising an additional military force, con-
tained a similar provision— and it was also necessary, the consent
of the master Or guardian should be in writing.

Mr. P. did not intend to meddle at all with the policy of the
war — he should confine himself to the consideration of the most
important principle .contained in the third section of the bill.
The effect of this bill goes to infringe all the state laws. * They
41 provide for the relations which exist between a master and his
apprentice — a guardian and his ward ; if the apprentice runs
away, he can be procured and brought back, and some of the
states provide, that when the apprentice comes again into the
possession of his master, that he shall serve not only the time lost,
but an extra time, to remunerate his master by these services, for
the losses he has sustained. If you take away his apprentice you
deprive him of his property — this is a loss to the master, or he
must recover where the services are due : that is, of the parent
or guardian, who are one of the contracting parties to the inden-
tures — and where is the remedy ? Will not the officer be also
liabit to the state laws ? Does not the constitution say, no laws

16 « CONGRESSIONAL REPORTER.

shall be passed abrogating contracts ? This bill will in Its ope- ]
ration sanction the violation of contracts, or it means nothing-
it sanctions the right to take away the property of guardians,
parents or masters, without providing any compensation for the
same. I repeat, you are introducing a new principle in the modes
of administering government. The pressure isr also beyond com-
pyison unequal on the northern states. Do gentlemen plead tbe
necessity of the cas« 1 Does a necessity exist superior to th«
laws ? "Are we to understand that the stilus populi shall rule with-
out control ? If not, then what is meant by this grant to tak*
the property of your constituents, and leave them no remedy for
tli* injury ? The honorable gentleman from South-Carolina has .
referred to the practice of other nations. Great (Britain herself
Be ver incorporated apprentices into her armies. , • ~"

Mr. Williams . admitted that apprentices were exempt— but /
minors were not.

Mr. Pitkin agreed, but even when minors are enlisted without
the consent of their guardians or masters, they caa be released
bv the writ of habeas corous. ♦ I believe that in 1756, Great Brit-
ftin passed an act which was 1 designed to extend to only the celo-
met, it allowed indented servants to be enlisted into the army— •
but this act made provision for the master, if the compensation
was claimed within so manv months after enlistment, and the \
necessary facts were proved before any two justices of the peace.^ i
"Whether this act was ever carried into eftect I do not know~but
I do kno\v that compensation was provided for tho/properjty taken \
from the master in the person of his servant. »

Ialmit the word apprentice is not directly mentioned in the i
hill — and I cannot say positively that it is designed to extend to
that class of our youth — perhaps not— but as its phraseology U ,
unqualified, and doubts exist, and incalculable trouble may be the -
result — why not make the law olear and explicit ? Is it possible j
that Congress can, or would seriously contemplate an injury to "
private property ? To remove all doubts on this subject and fu-
ture trouble to the states and to this House, the bill should be ex- 4
pressed with all possible clearness and precision, I shall vote for j
amending the bill by striking out the third section, and on the *
final question, shall vote against it altogether. <

Mr. TUQUP—If*a stranger in the gallery had liftened to j
the member from Massachusetts he would have tuppoied that j
the provifion of the bill againft which the gentleman's anathe- j
mas were mod vehemently levelled, authorifed the recruiting
iergeant to enter the houfe of the citizen— drag frQm it the young
man, and transport Him loaded with chains (as is faid to be the j
pra&iceofone nation of Europe to the armies. Who would
have fuppofed that the provifionjgikrdy authorifed the recruit*
ing fergeant to accept the voluntary fervice of the young man be-
tween 18 and 21 ? The fervice due to the country prior, hi
point t>f time, paramount in obligation, mud yield* fays the gen* :

CONGRESSIONAL REPORTER. 87

tleman, to the fervice due to the matter, the parent or the guar,
dian. If, fir* in the days of Rome's greatuefe — if in the proud
days of Grecian glory the man cook! have been found bafe
and daftardly enough to withhold the young men from the public
fervice, to turn them from the path oi lienor ofcjeftrain them from
the field of fame, he would have bet n hurk d from the Tarpeian
Rock, or configned to the Cave of Tnphonius. The young
man is prefer red here, not becauf: he is preferred in France,
but becaufe his phyfical conitiuition and his moral tempera-
ment peculiarly qualify him for *he arduous duties of the field 1
and camp — bodily vigor and activity, ardor, enterprize, im-
petuofity, without family and then fore without the cares which
family involve. No wife, no hi lplef> children. Without care
•—bat for his country. Without k ar— but for her dishonor. He
is moft eminently qualified for the duties <of the camp and the
field- — ^11 experience has proven it. But the gentleman is not
content with oppoiing hn *flt to the patriotifm of the young
men; he is not lefs oppofed to the increafe of pay* Mr. T.
thoi\ht, from the comlutt of the houfe the other day? that the
prbviiion 4iad bteri univerfally. approved. He was the more
lurprized at the oppoGtion of the g< nik-man, becaufe it was this
provifion of the bill which went to eradicate that vice and im-
morality of the army which that gentleman affiled fo much to
deplore. The increale of pay had two obji £\s ; the filling of the
ranks, and the general refpetlability of tiv. army. The tecruit-
ing fervice had fuddenly flopped ; it flopped only becuuk all the
men which were to be had for 16 dollars bounty and 5 dollars
and 160 acres of land, were already picked up^to get more,
nothing could be done but. increale the pay— the quantum of
increafe was the only que (Hon. The difficult of enlifting men
was not peculiar to ut>, it was felt by .- every nation. Military
Wages bore no juft or equitable proportion to the ordinary wa-
ffes of the country. In the ftronger and more defpo^ic govern- jj
ments of Europe, force was reforted to ; in the more^roild and *
moderate, ftratagem, & fraueLand trick. Who had not heard of
the triclcsof recruiting lergeant ? Under our own government
euliftments t© be lawful muft be fair and free and voluntary —
hence the only remedy left us was increafe of pay. But the fil-
ling of the ranks was by no mearis the moft important objedt.
The increafe of the general refpe£iability of the army was of in-
finitely more importance. . The regular fervice had been brought
into univerfal difrepute in the country. The caufe is obvious
— it was tfefive Hollars per month and nothing elfc . There was
nothing ignominious or difgraceful in the nature of the employ-
ment ; 'on the contrary it is honorablg*? it inlpircs honorable
fentiments. Afk the former why he does not encourage his
fon to enlift in the fervice of his country — he anfwers at once,
that he can make ten dollars a month on the farm ; that if he has
honefty and induftry, any body will hire him for ten dollars.

i^3 ;_-.'.

2» CONGRESSIONAL REPORTER.

Can there be any doubt that by increafing the pay you will in* "
creafe the numbers of the army— n«t only fo, in the exaft pro-
portion as you increafe the pay, will you increafe the refpefcla-
4 bility. It is felf-evident — fuppofe inftead of 6:3 or 90 dollars a
year, you would agree lo give! them S5000 — there is no doubt
but your ranks would foon be filled. You would have the iilk
(locking gentry — (I do not know that the army would be much
the better for that) — you would chance to have a few members
ofcongrefe — perhaps a Secretary of State, perhaps an. ex- Prefi-
dent— you would at leaft cnlift honelty and induftry, I fay, fir,
the increafe of the refptQahiiity of the army at this moment is
of infinite importance With every difpofnion to rely on the
militia for defence and offence, we are not permitted to do fo ;
the militia are withheld by fome of the ftates. The gentleman
and his friends have withheld the militia of Maffachufetts— he
would now withhold the regulars. Give chara&er and ref-
- pe£lability to the army, and when in a fpirit of jealoufy, 'or difaf-
fe£Uon, or treafon, the militia ihould be withheld> you are ftill
independent ; you are ftill a government for all the objects of
government. If Maffachufetts and Conne6licut— but I forbear 1
Mr. MACON faid it appeared the Houfe was now ina fitua-
tion in which it had frequently been heretofore : that is, they
take up a very f.nall fu'bjcft, and make a very great one of it.
The only queftion for difcufiion appeared to him to be, whether
or not they would cnlift into the army young men between the
ages of 18 and 21. He was very forry that at this early period
of the feffion a difcufiion had been introduced into the Houfe,
which bad at aH limes better be let alone — that of foreign influ-
ence. He did not mean todifcufsit; but if gentlemen were
anxious for it,, he was perfe&ly willing to fet afide a day for the
confideration of the fubje£l, and go about it methodically. He
regretted Very much that the feature to which he alluded, had
been infer ted in the bill ; becaufe he had been in hopes that on
the queftion of raifing the pay of the army, they would one and
all, have manifefted a difpofition to fupport the rights of the
country. In the hope, that they would yet come to an agree-
ment on the fubjnSt ; that they could give fome vote of unanim-
ity in relation to the war, he fhould move for a recommitment
of the bill, with a view to amend it by ftriking out the third
feftion. It appeared to him that until a man had acquired po-
litical rights, hp ought not to be called on to defend his country.
The gentleman from South Carolina fays, the principle of this
fe&ion already exifts in our militia laws. I admit it; and hence
1 have always, when our militia laws have been under confid-
cration, moved to ftrike out 18 and infert 21. " I hope, if we do
not take recruits imder 21, we will alter the militia law alfo, and
let the country rely for its defence on thofe who manage its con-
cerns. He hoped the Houfe would confent to recommit the
bill, and in fome one vote fhew fomething like unanimity.

•>»-■«■■■

CONGRESSIONAL REPORTER, 29

Mr. Randolph rofe to fpeak at the fame moment with Mr.
Maron, who however, being firft fctn by the Speaker, obtained
the floor./ . ?< *' .

Mr. RANDOLPH fard that he was extremely happy, as he
did not notice his friend from N. Carolina at the jkne of his rif-
ing^—in which cafe he fhouW certainly have given way to him
according to cuftom*— that he had 6aught the Speaker's eye firft;
I was. about to rife, faid Mr. R. for (hepurpofe pf making a
fitnilar motion ; and there are coniiderations on which it is un-
neceffary for me to dwell i, and towards which I will not even
hint, that render Hat leaft as agreeable to me that the motion
for recommitment (ho uld come froifi that refpe&able and
weighty quarter rather than from myfelf. I (hall vote for it up-
on the fame grounds which would have induced' me ultimately
to vote againft the bill ; becaufe it contains provifions, I might
fay principles, infufceptible of modification; and in my judg-
ment hoftile to all thofe principles which I have hitherto en-
tertained, and to which it is impoflible for me to give the landlion
of my fupport. I fhall not vote againft the bill for fome of the rea-
fons urged by the gentleman from Maffachufetts on my right,
(Mr. Quincy) with more of eloquence than temperance, ana
fcnfwered iiv a ftyle not diffimilar by my worthy friend on my
left (Mr. Williams). They both reminded me of a ftroke of
perhaps the only comic poet this country has produced.
" The more they ftyured their fide
" The more argument they applied.*' »

The gentleman from Massachusetts touched a chord, which ha
•tight to have known was that which would ensure the passage of
this bill; which would excite a temper that Would indispose the
. House to listen to the still small voice of conscience and of reason.
I, sir, shall vote for the recommitment of this bill, and for rea-
sons which I am almosjt ashamed to urge, which I hope to be
excused for adducing. They have nothing to do with the ques-
tion of impressment, of maratime war, of the invasion of Canada,
of the Indian warfare ; but, sir, they are principles which from
length of time I am sorry to say have grown so obsolete, like
some of the older statutes of those countries of more ancient date
than oursclves,that though I am not ashamed of them I am almost
ashamed to mention thctn— they are those professed by the Re-
publican party in the year 1798, which I had the honor of at-
tempting (at least) to support in fhose days-i-the principles, as re-
duced to record, of the present Chief Magistrate of our country in
those days. In truth it has been insinuated, if not asserted, with
much more of candor than of logical address, that the principles
of the lull are those of the former friends of the gentleman from
Massachusetts on mj left, from which I suppose, that genlems^i
has in some way or other deserted. This goes to prove, as far as
the authority of the gentleman from Vermont and of my worthy
friend from South-Carolina has influence) that a long course of

30 CONGRESSIONAL REPORTER.

opposition ha? inst iileJ into the •entleman something of the prin-
ei«:i»*s urisic.i diJ n#t bt:o.i*ti» hi? iYifrid* while in power ; that
he i*a d^crter Fror* bis party* and eori^cijm'atiy that I have re--
mcined a faithful eentinel at tnv p*>si. Ii:ui But expect to hear
it said, sir, ;i.ai this bid was sat to be optw^ed because a similar <
hlii :iad been pa**cd in what used to be tailed the rei^n of terror.*
In other \»o«»1s I did not expect to hear it stated that the princi-
ples of the administration of the predecessor ot" Jefferson, whkh
I suppose be would now be as ready to recant as any man in the
nation, justified the bill ; that it ou^ht to be passed because it
was fa*liio:ied in conformity to sueh doctrines* It is now, sir; I
thinL, so.ne tt,irt?eo or fourteen years ago since a- similar ques-
tion wa» agitated on the iioor of this House, and it was my lot. to
be compelled to sustain the same side of tbe question whieh I sus-
tain to day — for I wilLnot use the qualiuVd term, attempt to sus-
tain — against one of the proudest names in this country — against
the uiau who now presides, I will not say with what splendor of
abilities, at the head of our Judicial Department of our govera-
" ment. The House will readily agree that* plain must have been
that question which eoutd have been supported with such une-
qual od U ; that strong mist have been that side of the argument
which could be sustained bui for a moment gainst such an advo-
cate. It was one of those occasions on which the gentleman who
then presided in the house declared * fc he never witnessed, a more
unpromising debate :" it was so— for it was one of those which
tended to put that gentleman and his friends into the situation
which so many of them — I will not say all — for there are some
illustrious examples to the eontrary-~into the situation on which
so manv of them have since occupied. It was an assertion of the

f A.

great fundamental principles of oar government against arbitrary
high toned courtly notion* The party then in power had been
nearly as long in office as the party iiow in power, and looked at
the question pending before them with ayery different eye whilst
they wielded the sceptre, than that with which they look at the
question now when the sceptre is applied to their backs. I am
sorry to say that I fear that the converse of this proposition isin
a great degree true, and that those principles which I then sup-
ported, and which were the ground of the revolution of political
sentiment in 1810 whieh thereafter ensued, have fallen as it were
in abeyance y That in fact we have forgotten our oraele.

I have 9aid on a former occasion— and if I were Philip I would
employ a man to say it every day, that the people of this country
. if ever they lose their liberties, will do it by sacrificing some
great principle of free government to temporay passion. There
are certain great principles, which if they be not held inviolate ,
*■ at all seasons, our liberty is gone. If we give them up, it is per-
fectly immaterial what is the character of our sovereign \ wheth-
er he be king or President* Eieetive or Hereditary— it is perfect-

CONGRESSIONAL REPORTER. SI

/ ' ^

1y immaterial what Be his characte(rr-we shall be slaves-it is not
■an elective government which Will preserve us.

But I am afraid I have fallen somewhat into error, by wander-
ing from the course I proposed. On the occasion, to which I
have alluded, I maintained that the provision of a bill then pend-
ing, similar to tbat I trow object to, was arbitrary, unconstitution-
al and unjust, because it was the nature of an ex post facto law.
I It is of the nut bre of an eop post facto law — it is more — it tends
to exalt the .military 'authority over the trivil— -it is this or it i*
> nothing* If the section pronounce an ambiguous voice, to be con-
strued according to expediency, then is there so -much greater
reason to recommit the bill, to reduce it to someVshapc which shall
reader it intelligible to the meanest capacity. , It goes to aker
the nature of a remedy-<~to impart the obligation of a contract*
; A man lias contracted a debt, and his ereditiers arrest him. He"'
enlists. He enlists through the grates (if a prison or within the
; limits of prison bounds. The contract between this man and tho"
creditor is varied by the law, because the remedy of the creditor
I is changed* Let'ttsnot have fc descant on the cruelty of inripris-
| ojH&ent for debt, and of the expediency of introducing other pro-
vision* on that subject. That is not the question. It is on a law
for exempting a particular class of men from those penalties and
provisions which attach to all other classes of society. The mil-
itary, of all classes in society, that class which we are about to
, exempt from the general provisions attaching to other classes, is
f that of which the people of this .country have been led Vty all our
i writers, by all-our authorities, to entertain the most watchful &
' justly founded jealousy. It is on principles somewhat analagous
f to these, or rather' thq same, much Better enforced, that an oppo-
sition was maintained to a law, not dissimilar in its provisions
(from this, in the winter of 17.99-1800.

In the fury and tempest of his passion, my friend from South
Carolina seemed to overlook what I thought he would be one ot
i the last to forget, that we live in a limited government, possess-
| ing Restricted powers, which we ennnot exceed. Has the. con-
f uitutton, with the most jealous scrutiny defined the privileges of
| i member of this Hou§*> not permitting us to • define our own,
f wjd made our principal privilege an exemption from arrest — and.
j do we cloth o'urselves with the power of exempting from arrest
! A& libitum a whole class -of society— of creating a privileged oi>
I der ? We art? indeed a privileged order— 7 btit we are privileged
: by the constitution. I ask the gentleman froifi South Cavoljna"-
: whence he derives the power of creating a privileged order-
ed shall this assumption of power be attempted in favor of the
', Hillary, of all other classes ? In my opinion, sir, the section to
! *hich I have had reference is freighted with most fatal conse-
quences. I will suppose a case. Suppose a man had a writ
•erred upon him, and he afterwards enlists f that an escape war-
rant is taken out against him, and a contest ensue)* between the

•y"

32 CONGRESSIONAL REPORTER.

recruiting sergeant and the civil officer for this man, and thai
the civil authority supports its officer by calling out the force at
its disposal — What would be the upshot ? What is it to lead to]
1 need not state the consequences*, These principles, sir, were
urged thirteen years ago ; they are urged now in the same plaet
and on the same occasion.. I cannot consent, in deference to any
gentlemen, however .great their zeal, to admit that I merely urg-
ed them at that time from party views, to put down one descrip-
tion of persons in order to get into their warm births* I cannot
consent to such an admission, and therefore canpot give my sup-
port to any hill which contains such provisions* I have said, this
will he an ex post facto law* It is so ; it operates not only after
the right has accrued to the creditor to sue out his writ, but after
it is in a course of execution* Let me put another case. Sup-
pose that Congress were to pass a law that every malefactor un-
der sentence of death, who enlisted in the army, should not bare
the sentence of the law executed on his body. Have you not as
good a right to do that as to pass this law ? Would you consent,
to see a scuffle at the gallows between the civy authority and the 1
* military for the body of that wretch ?
. I will put another case. sir. A son,, who is the only support of \
a widowed and aged mother, in some moment of hilarity, perhaps
of intoxication, led astray by the phantom glory, enlists in the
army of the United States — I speak of one who is a minor* Al-
though I know that freemen of this country cannot be property in
the sense in which a slave is property, yet I do allow that the mo-
ther has a property in the time of that child ; that he is under an i
c^bligatioi} from which no human law can absolve him— an obliga-i
tion imposed on him by the maternal throws that issued him into
life — by the nourishment drawn from the parent's breast— by tb»i
cherishing hand which fostered him through imbecility and infan*
cy* You have not a right to take him— I hope then, sir, that n J
question will be made of your power. ^

I put another case, said Mr. R. Although an apprentice awl
a minor are not property in the sense in which a slave is property*
^here is a class of men unluckily in certain parts ot-our country*
in Philadelphia for instance J meay that elass called Redemp;
tf oners, who were sold but yesterday in the market of that city.;
Is thi\ gentleman who represents that district (Mr.Seybert)wiliwg

that they shall absolve themselves from their contract by enlist-

' "' ~*"kt *i

ing in the army ? If he is I am. A Rede#nptione^, sold in rluia-

deli)hia for a term of years, bought in the market a* fairly as any;

other commodity — I say fairly, because bought with Iris owncoiK;

. sent, and as he believes for his o\f n advantage— such a person, »j

\tempted to enlist, will unquestionably prefer the pay and einolar

ment of a soldier, in your army to his present situation. With i*-J

gar;l to apprentices, I very much fear, sir, that those who enlist wilt

for the greater part be of that description for whom their masters^

have advertised six cents reward, andTore warned all persons fr* m

CONGRESSIONAL REPORTER. 33

harboring iheni. I remember, when a slhallboy, to have seen a se-> ^
vies of prints by Hogarth, called " The Progress of Industry and
Idleness*" Thfe gradations were not more regular than "natural.
The one ends with wealth, honor, an eligible matrimonial con-
nexion with the daughter of his master, with whom he had been
admitted into partnership ; the other is brought up„J>y the gib-
bet. Their names were Thomas Idle and William Goodehild. I
believe, sir, {hat more of th« Thomas Idles than of any others * 'j
will enlist undeleting law — and I sincerely hope they will ; for I
very much fear tfovt even William Goodehild, after he has gone
through the discipline of a' camp^for live years, will bo utterly un?
fii for any other spfceies of employment. This is not all : there are
other considerations, which I forbear to touch, which 1 should
have supposed would have brought themselves horns to the bosom
of every gentleman in this House. Pergonal indisposition has pre*-
vented rny attendance in this House, and 1 did not hear of this
hill until last night. It was then mentioned to me by one who is
fest in the old faitfi, and has often brought the House to a recol-
lection of good «1 principles— and I di:l hope that they would
this day 'have received more strenuous aid* from that quarter than
they have. I hope the House will refuse to pass the bill, if it
were only to shew that there is some one act of the administra-
tion ©f 1799 — 1800, which the present possessors of power fiave
not copied from their statute book* There remains only this and
the eight per eent. stock loan — and we arc saved from the latter
only ly the infractions of that law which we imperiously refused
at the last session to repeal. It is the infractions of this law
which has poured money into our coffers, and saved us from the
disgrace of an eight per cent. loan. There is another part of this
bill whielf strikes me as being inexpedient ; but as I do not wish
Jo blend considerations of expediency with those of great and vi-
tal principles, I shall wave any thing on that head.

I am of opinion, when called into a£lual f rvice of the United ,
States, the militia ought to receive better pay than tfoat allowed
bylaw ; becaufe many of them are in fuch a fituation that their
femriies are dependant on their perfonal fi-rvices for fub-
Jiitence — and it is Hot poiTibU that, at the priftnt rate of pay,
any Ujing can be fpared by the fohlitr for his family at home.
In one re fpeft I think my worthy friend from North Carolina
has indulged rathej: in curious fpeculations than found prailice,
when he would refufe to avail himfelf of the fervices of a man
j becaufe lie has no participation in the government. Would
be alio disfranchife thofe who had pafled the period of liability
jomilitia duty ? I know he would not. But if there be truth in'
Ts pofition, that no man fhould be called to perform military
uty who has no agency in the government, it wouldfollow that
man Ihould have an agency in government who is not called
by it to perform military duty.

No. 3. DEBATES.

. • .. '

Te^jfjLi_'j-ui - i

24 CONGRESSIONAL IfETORTWR

Whether, as refpects the regular army, enlistments are to oc
procured more readily by an increafc of pay or bounty, I leave
to thofe more (killed in military affairs th&n my felf to determine.
But it ftrikes me, that it is not by an increafeoi pay that you
will obtain any addition to the number o£ recruits. Thofe
ivhqpniift in the array do it not tfith a view to the pay, but to the
bounty. Take away that, & I venture to fay you may treble the
pay and you will hardly get men to enlift. I am confident you
would not if you doubled the pay. How far it is politic in a
government like that of the United States, to cherifh military
eftablilhmentsby high bounties, will properly be a fubjefct of
difcuffion when the bill is recommitted to a committee of the
whole Houfe, as I trust it will be ; but it always has appeared to
fne that if you with to perpetuate any eftablilnment, to rivet it,
on a nation, you ought to make it as " relpedable" and lucrative
as poffible. What is the reafon that any particular clafs or pro-
feffion in fvxacty has held its ground againft all oppofition ? It
lias been the " refpe&ability" of the calling, the lucrativenefs
of it. If you could never get rid of the army when it was nei-
ther lucrative or refpe£table y do you expert ever to get rid of
it when it is more lucrative and refpettable— when the whole
youth of the country is embodied in it, &> there is fcarcely a fam-
ily in the country that has not an interett in keeping it up ? My
'.eyes were caught laft night by a paragraph in a newlpaper an-
nouncing the trial of a defirrter. It was there ftateel, that the
.practice had become fo common as to endanger the fafcty of the
nation. Will that pra&ice be diminished by an increafe ©f the
pay of the foldiers 2 The man who, was condemned to death
was one who had repeatedly enlifted for the purpole probably rf
-obtaining the bounty. When, in the Roman Repu|}iic-*na
we have been taught by my friend on my right to refer to them
—the army became not only a part but the whole of the conibj
tution t was the army ever afie6\ed, in point of number or poi
er, by the immenfe donatives, the vaft increafe of pay and boui
ty given by the emperors ? From the uioment you make tM
army what I fee gentlemen defirous of making it, the great h
crative and refpedabte profeflion of the country ; when'yoj
thin the ranks of law and of medicine — and in that refpedt pen
hapsfpare human lifc if not human blood — we have a new 01
dcr of fociety, a new ennftitutioh.

Mr. R. then adverted to the laft feftion of the bill. He owj
ed it was witfvfome unpk afant feelings he faw this provifion f
commutation of fervice from a five years** enliftment to enlu
ment during the war. ' But it was highly poffible that upon tnj
as well as other topics, on which he had incidentally and w
digreffively touched, the Hbufe has heard ohjeQions and argi
ments fimitar to thofe he had ufed and infinitely more wortr
their attention* * •

GOINUKK55IUJNAL, tflSrUK TttK.

Before he fat down, Mr. R. faid he ipuft be permitted to re-
mark, that although he fhould not, as he intended, from this
latenefs of the ? hour of the day v go very far into the book of
Chronicles, the Records of 1799— he muft be permitted, and
the Houfe would excule him for it, to fpeak in- reference to
tranfafiUons of the laft feflion, on the fubjefl of Indian favages,
who had been brought up in this day^s debate. The Houfe may
npt have troubled its recollection; faid he, with the declaration
on this fubjett at that day made by me, and which, however
inconfiderately made, I ftill adhere to. ^ The power of the In-
dian favages within the limits of the United States, with whom
we are in any danger of cbming into collifion, was broken by
the lame arm which broke the fetters of Britifh dominion. The
peace of Grenville, which followed Wayne's Indian war, put
an end to all collifion between us and thofe barbarians ; and
there never was, ffom that time up to the tranfa&ion at Tippe*.
fcanoe, any interruption of our afcendency over them. When
the prtfent Prefident of the UV S. came into power, Mr. R.
faid, he had announced the pacific difpofition of the Indian tribes .
who were generally linked together in the melfage with the bar-
barian Powers of Europe. This declaration of their pacific
difpofition had been reiterated in eachftleflage until that of the
laft feffion, as Mr. Reproved by quotations which he read* In
the meffage at the opening of the preceding feflion, which Mr.
R, denominated the penultimate feflion, their pacific difpofition
was uiftindly ftated. Thefe continued declarations, he faid f
were conclusive on the lubject of Indians and of Indian warfare;.

In my defultory way, continued Mr. R. I will make anoth-
er remark as to the pay -of loldiers. I had aljvavs tinderftood
that in an army it was the policy of the officers to keep the fol-
clier poor— I beg to be underftood as fpeaking of regulars only—
that as long as the men were flufhed with money, they made by
Co much the worfe foldiers— that their fitness and utility as fol-
diers was in the inverfe proportion to the goodnefs of their fi-
nances.

With refpefl to the examples of ancient commonwealths, it
muft be obvious to gentlemen much lefs well read in them than
the gefatWman from Georgia who has alluded to them, that there
is no analogy in the cafes he cited— that their governments were
anomalous, having no fixed principles, nothing that we fhould
call civil or rational liberty — that they were ignoraiit of the lib-
erty of confeience — that they had not reprefentative gfo^rnment*
How then can there be any analogy between them and ourfelves
who fit here under, a fpecific and limited authority ? None I be-
lieve can be pointed out. ■ •

It appears to me, fir, if this bill be not recommitted and do
not undergo alteration, it will endanger collifions of authority
between the ftate and federal governments, Iwouldafkby

36 . CONGRESSIONAL REPORTER. ~

what right can the federal government undertake to difpenfe
with the law of a ftate in a cafe of contract between two citizens
of the fame ftate ? I woiild afk> with cU fcrence and fubnjiffion,
whether thejlat* courts will feel themfeves bound by this law*
In fome Hates they may ; but in a majority of the ftate s I truft
thty will not. And, notwithftanding what the gentleman from
South Carolina has faid on the luoj 6t of the condinSl of Muffa-
chufettsat is a matter of notoriety that the oppolition of Virginia
and Kentucky did put an fcnd to Mr. Adams' war, we took our
Hand, fir, and on principles for which I have been attempting
this day molt fe.blytp contend, we triumphed. The patriotism
and good fenfe of the American people ratified what we did^ If
you doubt it, look to the authority* At a feflion of the Virginia
Legiflature iri 1799 certain refolutions paffc d which produced
nearly the fame language on this floor in relation to her as we
have to-day heard from the gentleman from South Carolina*
They would not be dragooned into the meafures of the then ad-
imniftration. Thefe refolutions of Virginia begat in other ftates
intemperate rcfolves in favor of the war with France, and vitu-
perative language refpedling the conduct of Virginia and Ken-
tucky. Thefe rtfolves were* at thekfiion of the Virginia Af~
fembly enfuing, committed to a committee, of which the pref-
cnt Chief Magiftrate was chairman, and a report was drafted by
him in fupport of the ground then taken in the ftates of Virginia
and Kentucky. Mr. .R. then quoted fome of thefe refoufcions,
which the reporter has not at hand, in which the Legiflature
deprecate the war wkh France as unneceflary, and rec6mmend
that,inftead of expending money on needkTs armies and navies,
the government ihould hufbandthe publicreiburces,&c Sothat,
fricl,Mr* R. according to the doflrime o\ that day, as laid down
from an authority «ot lefs then rtfpefted by those out of power
than now by thofe in power,the true policy of this country was~
to do what ? Not to raife volunteer or military corps, not to lav-
ifh your funds on regular armies, but " to husband the puBlic
rcfourccs. ,, I ihalh faid Mr. R, in conctufion, go no farther, but
content myfelf with having proved that I am an irreclaimable
heretic — that I will not, for the fake of expediency, give up prin-
pks and opinions with which I came into public life — that if I
am wrong now* it has' been my misfortune to have been fo for
fourteen years^nd at lead for one period of my life, that I had
the fortufie of erring with Pluto rather tharvbeing right with oth-
er people.

Mr. WILLIAMS, fa id he flood reproved, but not corre&ed,
by the gentleman juft fat down. I was charged, fir, laid Mr. W.
with advocating an atrocious principle, and I throwback the af-
perfion on him who made it — I am much miftaken in the char-
a&erofthe gentleman from Va. if he would not have done the fame
with as rwuch * fury* at le^jLps~I could. 1 Hand then reproved,
fir, but not corrected. I have advocated the provifion of this bill

CONGRESSIONAL REPORTER. ♦ 37

tnoll objr£ted to, for three reafons ; that it is fanfiVionfcd by the
tifage of other countries ancf of our own; that it is founded on
the lime principle which run$ through all our laws* that the Ser-
vice of the 'citizen is due to the nation which protects him and in
the government of which he participates, and that it is particu-
larly called for by the exigencies of the times. Thefe reafons
have not been met. Until they are rebutted, I muft fupport it.
On this occafion, at leaft, it cannot be alledged that arguments
addrefled by members on the other fide of the Houfe have no ef-
fect on this ; for n© argument has been ufed in reply to ihofe
which have been advanced in its favor.

With rdpe6t to k4 dragooning*' Maflachufetts, lir t I feel no '
more dirpofition to do it than that gentlejnan : I believe he
would (brink with as much inftinftive abhorrence from rtiea-
fures openly advocated in that country as I would Her lead-
ers dare not tell the people that they refufeto grant their phyfical
force to fupport the country's independence— to fave it from
Britifh domination. The. gentleman from Maffachufett9 did
not fay fo. They writhe under the lafh, but dare not defend
their conduft. T*ere is no point of contact between her and
the union — God forbid there {hould be ! — but if there (hould be,
I would be one that would teach her to know her duty. Is the
oppofition of Virginia in the days of terror to be compared to that
of the prefent rulers of Maflachufetts ? Theoppoimon of the one
was conftitutional — that of the other is n©t. Yes fir, I do hope
that the authority of the union and of that ftate may never come
in conta6t, that we may not be under the neceffity of putting
down the defperate meafures of that ftate. Sir, when we are
infulted, when we are * 4 dragooned" for endeavoring to put
our country in the armor the times call for ; when an attempt is
made to deprive us of the means of defence ; I for one, will
not refrain from exprefiing my fentiments of fuch conduct, and
of the remedy Sot it. * '

Mr. BIGELOW rofe, he Faid, not to enter into this difcuffion,
but to c^prefs his regret that any remarks had been introduc-
, ed into c>ebate irrelative to the:fubje£t, and particularly in re-
lation to the conduct of Maflafchufetts. He was forrji to hear the
gentleman from South Carolina fay that the repn fentatives from
that ftate writhed under the lalh* but dare not defend the con-
du6i of their executive. Wh »n the fubje£\ (hould come prop*
"erly before the Houfe, the gentleman would find them not loth
to enter into debate and to defend the conduct of the authori-
ties of the ftate in the cafe alluded to. He had rifen, tie faid,
for no other purpfcfe but to give this intimation.

Mr. JOHNSON faid, the gentleman from Virginia (Mr.
Randolph) had made it his duty to tropbfe the houfe with a few
remarks. Mr. J. faid the Houfe would recoiled* that at the
laft leffion he advanced the pofition, and indeed had ftated that
there was no fatisfaftory evidence to . prove that the Indian

38 CONGRESSIONAL REPORTER.

tribes hoftile to the United States had been ftimulated by Britifh
pqjd or Britifh influence, or the local authorities in Canada act.
mg under the fan£)ion of the Bririfh government, to take up
arms againft the people of this country, and to murder unarmed
and defcncelefs individuals oa our frontiers.. The Houfe will
recoiled that this fafil was either denied or confidered problem-
atical by the gentleman from Virginia; who at the fame time
gave a pledge, that could he believe that fuch was the !a£l. he
would. not only vote for a declaration of war againft Great Bri.
tain ; but he would march himfelf with him (Mr. J.) to Canada,
to take poflrffion of that country : that on the prefent occafion
the fame fa& was denied, and the fame pledge renewed, and a
meflage from the Prefident of 1810 had been read to prove the
friendly difpofitioos of the Indians, and to deny the fatt of their
hoftility. Mr. J. faid, he afked the gentleman whether he de-
nied the hoftility of many tribes of Indians to the United States !
Would he deny the fa&, that the favages were employed by
Gen. Brock at Detroit, and at Queenftown ? Would he deny
that the lavages were now in the employ af Great Britain in
Canada, clothed, fed and paid ? would he deny what was
admitted by official communications from Britifh officers, and
what was feen by our countrymen in arms ? Would he deny,
that after the furrender of Detroit, Fort Wayne was attacked
and invefted by the fame tribe of Indians that is now in Britifh
pay^and Britifh influence, and that 200 Britifh regulars ?nd Ca-
nadians, together with about 2000 lavages, had traverfed a wil-
dernefs of 150 miles from Maiden, until they reached with-
in 30 miles of Fort Wayne, with cannon to aid the attack upon
that place ; but who were fortunately driven away, and com-
pelled to retreat by the left wing of the North, Weft army ?
Wobld he deny {hat the Indians fought againft us,' and by the ,
fide of Britifh regulars near Brownftown, where they were de-
feated by the valor of our troops ? Would he deny that the fame
hoftile lavages had fallen upon our frontier after the furrender
of Hull, committing their barbarities, until checked by the for-
ces from Kentucky and Ohio ? Mr. J, faid it wa$ no longer a
matter of opinion or belief, but a notorious pofitive fa6l— where
then, he required, was the promifc of co-operation ? Where
was thcpledge that had been given— or was it fuppofrd that the
Britifh were now juftified in employing the favages to murder
defencekfs women aqd children* or to employ them in a contcft
between civilized nations ? Mr. J. laid he had not been unmind-
ful of the pledge which had been givenrrhe thought of it when
he was in purfuk of the favages in company ivith brave and pat-
riotic men. He fhould have been much gratified to have had
the gendeman from Virginia by his fide, not Only in the purfuit,
but he wopld have been more gratified to have found the ene-
Bflfy,
Mr. J. faid he did not feci difpofed to purfue the gendeman

•%

CONGRESSIONAL REPORTER.

from Virginia in other remarks wh\ch he had made— the gen-
tleman had enumerated principles which .in hi* opinion would
at fome period deftroy the republic. Mr. J. faid the liber-
tics of the people and die caufe of the republic would be much
more likely in his opinion to be jeopardized, if the "gentleman
was to fucceed in his oppofttion to a war, which was not only
juft on otir part, but one 4 which could not be avoided. '

The gentleman from Virginia had fpoken of his owncori-
fiftency, and his Handing at his poft as a faithful centinel ; which
was all admiffible. But not fatisfied with this declaration, the
federal gentlemen tifcxe reprt Tented as having changed from the
high toned meafures and principles in the reign of terror and
become advocates of independence and freedomjr-and that of the
republicans in this Houte, the majority had abandoned their old
whig principles. Mr. J. obferved, that if jthe day was not almofl
gone, and the patience of the Hbufe exhaufted, he Ihouldfeel
it his duty to relbrt to the records, the journals of the Houfe,
end examine the corre£lnefs of the ground which had been af-
fumed, but riot maintained, as to the confiftency of gentle-
men.* For his part (Mr. J. faid>hc fhould content himfelf with
fayihg he believed the majority were fupporting the great caufe
of the country, of independence and freedom, and that an op-
pofite codtle had an oppofite tendency.

The queition was then taken on the motion to recommit the'
bill and loft.

For recommitment* 42>

Againftit 62,

The bill was then paffed without further debate, by Yeas and
Nays as follows : , J

YEAS— Meffrs. Alfton, Anderfon, Bacon, Baffett, Black-
ledge, Brown, Butler, Calhoun, Carr, Cheves, Clay, Cochran,
Coridit, Crawford, Cutts, Davis, Dawfcn, Pefha, Dinfmoor,
Earle, Findley, Fifk> Franklin, Gholfon, Goodwyn, B.Hall, O.
Hall, Harper, Hawes, Hyneman, Johnfon, Kent, Lacock,
Lowndes, Lyle, Maxwell, M'Coy, M'Kim, Metcalf, Mitchill,
Morgan, Morrow, Nelfon, Newton, Pleafants, Pond, Rhea,
Roane* Roberts, Sage, Sawyer, Seybeit, Shaw, G. Smith, J.
Smith, Strong, Taliaferro, Troup, Turner, Williams, Widge-
ry, Winn, Smilie, Richardfon . «—64.

Thofe who voted in the negative are

Me (TVs. Bigelow,JBoyd,Breckenridge, Brigham, Champion,
Chittenden, Cooke, Davenport, Ely, Embtt, Fitch, Gold? Huf-
ty, Jackfon, Law, Lewis, Macon, M'Bryde, Milnor, Mbfeley^
Newbold, Pearfon, Pitkin, Potter, Quincy, Randolph, Read,
Ridgely, Rodman, Sammons, Stanford* Sturges> Taggart, Tall-
madge, Wheaton, White, Wilfon— 37.

40 CONGRESSIONAL REPORTER. .

HOUSE OF REPRESENTATIVES.

THUfiSDAr, DEC. 3.

Debate on the report of the &omniHlee of Ways and Jlleans an the
petition of sundry merchants, praying a remission of the bonds
given on the recent importation of British goods,

Mr. JOHNSON, after fome preliminary remarks, faid the
committee of Ways and Means had examined the Ihbjectof J
the late importations ofBritifh manufactures with confkierable
attention ; and after much deliberation and difficulty had report-
ed a resolution to the Houfe recommending a reference of. the
whole fubjeft to the Secretary of the Trealury, % who had ample
power over it. The Prelident had, in his very able and lucid
communication to Congrt fa at the commencement of the feffiori, t
reprefented to them that a conliderable number of American
veffels had arrived in the Un> d States laden with Britifh man-
ufactures under an erroneous imprtflion that the rion-irnporfa-
tion^act would eeafe to operate upon a revocation of the Britilh .
Orders in Council by the order of the 23d of June laft,
and up6n a fubjedi of fuch magnitude the Secretary, of the
Treafury had not exercifed the power of mitigating the forfeit-
ures incurred, -that Concrete mighthave previoufly an opportuni-
ty of making fuch provifionas thny might deem expedient, and
recommending this body to confult equally what is due to equi-
table confiderations on the part of the merchant, and what is due
to the public inti reft.

It has not been recommended to Congrefs to interpofe, but
ati opportunity has been given, that Congrefs might, if the vitw^
of the Secretary of the" Treafury did not corrtfpond with their
own* The Secretary of the Treasury has expreffld himfelfin
the fame chara&er. Coiifidering the magnitude of the fubjed
and the unfor»;feen nature of the cafe, it was thought proper, not
to ex/rcife the authority vefh-d in the Treafury Department,
until Congrefs had taken the fubjcCl into confideration and pre-
fcribed, if it was thought proper, the courfe to be purfued.
There is no reluctance exprefll d ehhfcr in the Prefident's com-
munication or iu Mr. Gallatin's report to a£t upon the fubjeS,
and independent of tlfis evidence feveral members of the com- '
rnittee know perfonally that the Secretary of the Treafury feels
no enjbarrafiment in afeUng, provided the matter fhould be left *
for his difpofition. -

WH|fdid the Secretary of the Treafury fufpend his decifipn
in this cafe until the will of Cqngrefs fhould be known? The
reafonis obvious. The confideration was weighty. By the
infraction of an exifting ftatute; thi non-importation a£t, Britifh
manufactures tothe value of twenty millions of dollars had be-
come forfeited to the government of the IL States. The vcf-
fils and cargoes had been feized and fuits in every cafe com*
menced in compliance with ft*utory regulations.

.»

- CONGRESSIONAL REPORTER. 41 *

This twenty million of dollars belonged to the United States
>y forfeiture. The Secretary of the Trcafury, confulting equal-
s' in his decifion equitable coniiderations and the public inter,
fit, formed his opini^ as expreffed in writing that there ought
lot to be an unqualified r emiflion of the penalties and forfeit-
ires-in favor of the importer, nor a total exaction for the public
xncfit. But that the one half of the forfeitures which would
ttherwifejall to the fhare of collectors ought to be remitted ; J

ihat with refpe6t to -the one-half belonging to the United Statrs,
iuttice to tlie community requires, that when ' remitted, at' leaft
an equivalent may be ftrcn^ed to the Rublic for the extra profit
bivond that on common importations which arifrs from
the^continuance of the non- importation aft. This opin-
ion formed and expreflVd, was not executed, although the pow-
er was without limit. It was wifely delayed, that an opportu-
nity might be given to the repn fentatatives of the people to ob-
ject to fuch a mitigation. The power of remiflion or mitigation
once cxercifed would effectually deftroy the right of the govern-
ment; A^^is a favorite adl, a mt afure of redrefs againft a for-
cign enesr^Riad been violated, by whiah thefe forfeitures had
accrued, it was due to Congrefs, that an opportunity fhould be
afforded to object to fuch difpenfing "power, and to make any
provifion that they might deem expedient. It muft have been
this view ^ of the fubjeft which delayed the Secretary of the
Treafury in tl\e exercife of iits mitigating powers* and not any
tmwillingnefs on his part on this as it never has been on otlier
occafions, to do his duty, without a dc fire to fhrink from refpon-
fibility. Why object to this reference ? Why interpofe in this
cafe ? No new power is given. It was given under the admin-
jiftrdti6nof Gen. Wafhington. It has been continued until the
Kfent moment, confedrated by the neceflity of the provifion.
ake the power away in this inftance~you do not propofe to
1 e it away in any other — it will remain as it has remained from
foundation of this government, a permanent and indifpenfa-*
provifion. No individual wifhes to change the ftatute nor
ft the power. Why interpofe then in this cafe ? The oppo-
ion comes from thofe who contend for an unconditional re-
iffion oflthe bonds ; of courle the objection defes not arife from
e extent of the power, or the nature of the power, but becaufe ...
power is not exerciled in its greateft extent. Indeed no ob-
on can be made to the power of the Secretary of the Treaf-
; t)ie ftatute does not give him the power of committing vi-
nce— -it does not legalize any outrages. No, fir ; it gives
the power of remitting or mitigating forfeitures and penal-
in whole or in part, incurred by a violation of the Jaws of ' ,
land. If the power fhould be exercifed and the bonds of the
orters cancelled ; then, fir, the rights qfifihe U. S. are gone
7er. But if too much fhould be exafted ; if the conditions
miffion fhould be oppreffive ? we have loft none of our pow

42 ' CONGRESSIONAL REPORTER.

» «

cr to interpofe : tfie friends of unqualified remiffion cannoMhere
fore, object to the power, becaufe they have the advantage
ground of thofe who are not willing wholly to facrifice the pub*
lie intereft. If this propofition wanted fupport from any farther
confide rations, they might be added. As it refpe&ed the U. SJ
it was important that the txtrcifeof the power of the Secretary
fhotild be delayed ; but on account of the petitioners it was.not*
Take the cafc of" A.'* alone, andCongafs would not be caller
upon to interpofe. The fubjc6t would riot be of lufiicient mag-
nitude ; but when you unite the cafe of B. C. D. and the wlr L
of the alphabet, if you will — then comes the objection V thei
cuniary inter* ft of the merchant, and not his rights, are conui
trcd. Take one infulated <vfe, and if injuftice is done, it wouh 1
not be more injurious or flagrant becaufe other s fharethe &mi
fate. As it refpe&s the rights of the petioners,they cannot beer
titled to higher confide$ation,than citizens. who have been&w'
continue to be (ubject to this power, no* to injure but to pard<
Has this power been exercifed improperly ? Where is the co
plaint ? None is heard. Why fear it at this moment i The f
retaryof the Treafury is an officer of high character and .
fponiibility-^mdas we are amenable to thofe who elect us, fa
a faithful difcharge of our duty, he is equally accountable to '
conftituted authority of government- JNTo officer is exempt ft
from this refponfibility. But we place confidence where co
denceisdue. Who doubts the capacity of the Secretary
'1 his is acknowledged. Who doubts his integrity ? Non
Where then is the fear ? That be will not remit the forfcitur
of the importers of Briulti manufa£hires — without qualificatio
Thiw is not my fear. I do not wifh it, and the Secretary 1
faid he will not do it — and no wonder at the oppofition of th
who difflr from him«

The argument for a reference might be closed here ; but
objection arising principally from the extent of relief, and
from the nature of the power, the view *>f the Secretary of
Treasury is naturally involved in the discussion.

To consult what is due to equitable considerations, thg man 1
in which the non-importation act has been violated must*
matter of examination. The committee of Ways and Means
furnished with papers by those who represented the merchant
this ease which is a clear manifestation that they were not i
rant of t£e provisions of that law by which 20,000,000, has
forfeited to the TJ. S. It contains, verbatim, that clause in
act of March first, 1311. winch sanctioned the President's pr
mation of Nov. 2d, 1810, by reviving the non-importation pa
tlfce non-intercourse against G. B.

" Sec. 2. And Ititfyurtiicr enacted, That in ease G. Bri
shall so revoke or modify her edicts as that they shall eea
violate the neutral commerce of the V. States, the Preside
the U. S. shall deelare the fact by proclamation f and such

CONGRESSIONAL REPORTER. 43

< ,

nation sliall be admitted as evidence, and rio other evidence
dl be admitted of such revocation or modification in any suit,
• And the restrictions imposed, or which may hie imposed by
toe of the said act, shall from the date of such proclamation
tse and lie discontinued "

Prom this provision in the statute, the President ^Vas made the
e judge of what revocation or modification of the British or-
•sin council would justify a suspension of the non-importation
if which fact was to he declared by proclamation, which was to
the only evidence of the fact of such, revocation or modification ;
d the restrictions imposed upon our commerce were to cease
im dte date of the President's proclamation, and not from the
jrocation of the British orders in council. In defiance of this
owlcdge, the shipments of British manufactures were made.
The importers not only anticipated wh,aOhe President would
in consequence of the order in council oWune 23d, hut placed
emselvcs in the character of judges for tne people of tire U. S.
what modi Re^tion or revocation of the British orders, 1807 and
which wouid justify a suspension of the non-importation act— .
p& attempting to arrest from the Pi*esident the high power
aied in him. alone by act of Congress. .

This course of measures was pursued by a hasty and precipitate
jportation of British manufactures, without waiting a reasona-
e time for jthe President's proclamation, from the date of which
mmercial restriction was to cease. Was this an innocent in-
fection of an existing law ? What motive actuated ? The pros-
jet of gain — self-aggrandizement. The honor of his eonntry
|» forgotten ; the law considered a dead letter; and British ag-
pssions overlooked.

It was a desire to come with their wares into an exhausted mar-
&— to enrich themselves — to out-run other merchants who wait-
|fcr the administration of the law by the proper organ., Tho
fraction of the law was not innocent. I will not say it v?asfraudii- x
*t. It was a violation with their eyes open to their oxen person*
If the revocation of the British orders in" ctmn oil had
such as to have admitted of no doubt of the suspension of the
importation art, the merchants were advised by their shew-
that it was illegal to make shipments until the emanation of
President's proclamation. It was not only prohibited to our
izens to make shipments ; but to load their vessels with intent
before such proclamation, was a forfeiture of the goods.
gave notice to all* under what circumstances trade could be
mod, and placed the community upon an ^quality. In risqu-
J a voluntary infraction of law, thf importers of British mer-
mdize should have chosena ease less embarrassed than the
ritish order of revocation. The conditio of the re vocati on are
Mmpatible with the vital principles of our sovereignty and inde-
fedenec. 1. British armed vessels are to >>e admitted to the
spitalUies of our waters and ports, without atonement or re-

CONGRESSIONAL REPORTER.

i castt favorable for the importing merchants toj
vs oft he President in violation of law. Thi

pentanceforthe insults and injuries received by our citize
the vexations of the commerce, in the impressment of our sea
and in the slaughter of our people. 2. The suspension of
non-importation act, 3. The right is positively claimed of
sorting to the orders in council,as a measure of retaliation
France, whenever the British ministry shall deem it expedi
Admit that they had aYight from our promises to expect a
pliance with the two first conditions, the third was surely an in
to our injured feelings, and declaring in so many words that
arbitrary principle of plundering our property on the high
was a right which they had only relaxed until it was deemed
pedient in the sight of our enemy to fix it upon us. It is uniir
sary to hazard an opinion, as to the course which would
been pursued by the President under this insidious and disg
relaxation of the British orders in council— it is however evi
that it was not a

ticipate the views or* ne Jfrcsment in

not the only view which will enable us to consult equally eq
ble considerations and the public interest. The measure of
importation must be examined. -Without an enquiry into
merit of this act, the reasons are obvious why there should no
a voluntary and totajl violation of a positive statute with impu
and more care should be taken not to give premiums to oue
of the community to do that whjch in our legislative chara
we refused to do. It is well known that Congress at the last
sion. refused to repeal this non-importation act in whole or in
—and I am unwilling that the act should be repealed by fore
do not speak of hard cases. I speak of the ordinary trade'
G. Biftain. There is one class of importers entitled to eons
ation above all others —those who purchased their goods in
Fall, 1810, before the non-importation act was revived by
President's proclamation of 2d November, or who had pureh
their goods previous to the 2d of February, 1811, which,
the departui^ of vessels from British ports by the act of M
1811. This maybe considered innocent tonajide American t
being American property, purchased before the. restrictions
in operation, and the merchants being compelled to wareh
such goods at their own risque, until the late revocation of
British orders in council. The dilemma of this property wa

S reduced by a voluntary act on the part of the purchaser,
eyed the impulse Of duty in storing away .his goods, ma
sacrifice rather than violate theiaws of the country ; and in
tion to this reason for a distinction, and not less powerfnl, is.
Congress did by law admit to entry all property shipped
British ports prior to the 2d February, 1811, although by the
vious existing provision forfeitures were incurred unless the^
set arrived within our ports before that period. To make a
crimination in thotte cases where it can be done is assuming
ground of equality. I was not unwilling at the last session t J

CONGRESSIONAL REPORTER. . 45

it i

a parufB suspension of the non-importation act for the double-
j>ose of relieving the bona fide American merchant who had
funds in Great Britain, and to prevent at that time internal
jation. This- suspension was to be limited as to time, and re-

!eled as to articles which would have relieved us^frdm imposi-
is which hav§ been lately enacted .in the sale of certain articles*
^ the British manufacturers j&mld not have b#en relieved from*
ir great distress, nor would our own manufactures have suf-
cd by the competition. Upon this subject I have not changed
opinion. I wa*s at that time against a repeal of the non-im~
lation act \ at this time I am against any relaxation — nor did
partial relaxation which was attempted at the last session
template a direct trade with Gr .at Britain. It was prohibit-
ppressly. A total repeal was tlien attempted and failed $ and
fonder those who have at all times advocated the abandonment
Ihe non-importation act as a ruinous measure should advocate
jjrepeal by actual violation — by force. So much has been sug*
feed without regard to the merits of this measure of non-im-
itation. * The non-importation act is a measure of redress a-
bst British aggressions, and rigidly enforced it is a powerful-
spoo. It is not a system of the moment, nor <%as it adopted
Diout due deliberation ; nor has it been persevered in without
itolute certainty of its efficacy and beneficial results- It might
. traced to jthe revolution ;.. it might be called the offspring of
in 4 epoch, originating with wisdom,* o which we are indebted for
jr high destiny as a free people* The jott*ftals of the old Coh~
m need not »e consulted. Let the period of 1805 be called to
taction ; that was an enviable period for the American pat-
when the importing and exporting merchants united in writ-
toe hundred and forty pages in various memorials to Congress
fast the piratical conduct of British cruiztrs acting under
tish orders. It was an application of the rule of '56 to the
merce of the United States "; a rule fundamentally* wrong,
the conduct under it the most atrocious. Plunder and pira-
w»s the order of the day. Trade consecrated by public law
jjeet to fluctuating decisions ; fiiles of evidence disregarded ;
Is and cargoes subject to the arbitrary discretion of English
unals. The rule of '56 never was executed until 1801-— then
alternately enforced and abandoned — until the merchants
wl in the fall of 1805. In ** 9 S6" it was the case of the Dutch #
ing colonial produce the'property of an enemy. It was not
pcstion of" security in cases of bona fide neutral property*
|fis iolonial trade had become lucrative ; the wealth of our
kants was employed in purchasing colonial; productions ;
light to the United States, the direct trade being prohibited,
surplus was exported under the sanction of the most sacred
long established principles of the laws of nations, as well as
British admiralty courts. Under these sanctions^ without
ce, and with a motive to plunder, our rich cargoes spread over

the face of every sea, are 9wepl f rota the ocean by British art
vessels.

Not satisfied with the regular trade of the American m
chant, it has be.cn periodically a prey to feed the hungry ap
tite of the .British navy and her cruizcrs. She destroys the co
meree of her enemies — she plunders the commerce also of n<
trals — and as our neutral and maritime rights hare been imp
tan J to our citizens by their entezfrizc and industry, and as tl
have promised us prosperity and wealth, in the same degree ha
tbey been subjects of British jealousy and outrage, The mi
chants were united in their complaints — Congress is urged
resistance — the government was called upon to outstretch (
right of its power — while the merchants were swearing upon
altar oi* eternal justiee, that they would avenge the bleed
wounds of I heir common country. In N. York the nierchaj
in their memorial recommend pcririi^ion to be given to the s
men to resist with force of aims in oui» own waters. British pn
gangs. The disgrace of submitting to plunder and outrage m
felt. Ready to support the cause of the merchants. Congress
beyed their impressive call. Mr. Monroe reiterated the sal
complaint from Europe. Something must be done* The 18
of April the partial non importation act was adopted, to take
jfcet the 15th of November following. Congress was not lo
deceived. Dismay seemed to succeed this display of zeal. Ge
mereial sensibilities were blunted. Aggressions were more eoi
Bion — prospects were darkened — those who urged the nation
resistance were the first to condemn it. Commercial restrietu
with Great Britain was opposed — and when war was declared,rt
war was opposed with fourfold violence — the alternative was
mission. No cessation on the part of Great Britain of her
itle acts — they increased ; no concession of rights, no atonei
made. 2 2d December, 1807, an embargo was laid—contim
14 months— and repealed by act of congress" 1st Mai

1809. The. non-intercourse continued about 14 months, and «
pired with the end of the session in May, 1810. The first of 9b

1810, before the close of the session, the act passed which autlri
ized the president to revive the non-importation part of the nf
intercourse, which was about to expire upon certain oontingj
cics. Accordingly, the 2d November, 1810, the non-importatj
was revived against Great Britain by proclamation, which el
thiucsih force. This is the history of our commercial rests
tions.

While the people are fighting for commerce, and a frceti
I am unwilling to see any class of citizens carry on a trade
the enemy and under licenee. It would be gross injustice to
other classes of the community, and it would induce the mere!
to look to a foreign government and an enemy for protect!
The calamity of war is acknowledged. It has been resorted tit
thy least evil, and all must bear the calamity as it comes in

thero, as our fathers dpd before us. The time has arrived when
we must aet with energy, The partial non-importation law was
too weak— the embargo was too weak — the non-intercourse was
loo weak— these measures were weak because the mercantile
elass of the people was strong ; our weaknesses originated from
their strength. The partial non-importation was suspended — the
embargo was repealed in a moment'of alarm — and th$ non-inter-
eours<i expired of itself. The strength of the non-importation is
about to be tested — we are now to see whether we shall be driven
from this ground. But the non-importation is a strong measure
of redress. It has had this character with the British ministry*
When Mr. Fox was advised of the passage of the partial non-im-
portation, he seemed te be alarmed. After his death his success-
ors lords Holland and Aukland, made it the first act of their offi-
cial duty with our ministers in London to remonstrate against it.
See the last letter written by Mr. Monroe before Mr. Pinkney
united with him, and see the first letter received by them jointly.
The same anxiety prevailed in the subsequent communications
upon our subsequent restrictive measures.

The examination before the house of commons in England, of
upwards of one hundred individuals of respectability, from more
than SO of the great manufacturing districts, and the remarks of
Mr. Brougham, place the subject in a most interesting point of
view. The principle manufacturers, the proprietors* are repre-
sented as without capital ; with stock on hand and no martket,
their funds exhausted, and ruin threatened ; the laboring elass of
the people reduced to the most afflicting distress. Thousands are.
represented to be without employ, thousands upon half pay, half
allowance of food— thousands reduced to the brink of starvation,
the home market glutted, the price of manufactures reduced.
South America, Canada, and other places, had been substituted
for the markets in the U. 8. and nothing but loss and disappoint-*
meivt had ensued — and as the continent of Europe was closed a-
gainst British manufactures, the U. 8. alone could relieve the'
distress of this valuable class of people in G. BruSm*^ The com-
mon and ordinary consumption of British manufactures in the Lk
S. of America is estimated at 50 million of dollars. ' The pay for
these goods certain, and the market not liable to fluctuation. So
great has been the inportations of British manufactures from the
first organization of this government, that the proceeds of our
export trade to every other part of the world has principally re-
turned home through British ehaunels. Great Britain has been
the exehange of our commeFce,and if not checked, our merchants
will continue during wer to augment their funds in Great Britain.
The case under consideration furnishes another strong evidence
of the effect of this measure. The 23d June the orders in eoun-
council were revoked ; the 13th of July information was received
in Great Britain, that a declaration of war had passe 4\the house
«f representatives : on the 30th of July the war was officially

CONGRESSIONAL REPORTER.

known. Notwithstanding this short period, upward* of twenty
millions worth of British manufactures have been shipped to the
United States which falls far ahort of usual importations. For
upwards of eighteen months the exchange between the tJ. States
and GreatBritain has been about twenty per cent discount. Since
the shipments of the late imported British t goods, the exchange
lias sunk to 14 per ccat. discount. This is evidence of the relief
occasioned by the late importations. Nor will we omit the state-
ment ©1 Sir. Russell, our charge des affairs, a'geutleman whe has
so distinguished himself in his correspondence with the British
government.

He informs yoa that the orders in council were revoked to re-
lieve the wants and diftrcfles of the manufacturers of England
and not as an ait of juftice towards the United States.

Thus, fir, the operation of this meafure upon the enemy has
been confidered. No doubt its operation at home will be ex-
amined. I am not afraid of this examination. We have been
told, and we (hall be told again, that this is a felf-deftroying
fyftcm, that we injure ourtlves more than we injure' the enemy.
We no doubt cloud the profpects of the exporting and import-
ing merchants, and it has an indirect influence upon the prof-
pects of others. ^ '

But we cjo not expect to be without clothes to wear or bread
to eat, although this non importation ail may continue as toG.
Bi itaiu. . We hear complaints that the per centage of the mer-
chant is curtailed. We do not, however, hear of tboufands re-
duced to wjint and beggary. So far from it, as a general raea-
ftire, the non- importation aft is not injurious to the United
Srate- — Induftry is augmented, extravagance is curtailed, inde- .
pendence is fecured and manufaitures are completely protected.
The documents which have been furnifhed to this houfe,and
other corrcil fources of information have given us a n?oft flat-
tering profpeet of domeftic manufailurt s.

The annual value of dotfitftic manufaftured articles is efti*
jr.ated at an ltuncked and twenty millions of dollars —

20 millions of cabinet waie, houfehold furniture and fhip-
bteikiing — Leather and manufactures of leather, faddles, har-,
r.efs, Ihoes, boots, &c. 20 million^ annually. Of woollen, cot-
ton and flaxen goods, 40 millions* Two thirds of the people of
the United States clothed with domeftic manufactures. Two
thirds of the flavery, houfe and table linen uf< d made in the U.
States. Importation of cards prevented by Whittemore's ma-
chine.

Manufactures in the Unitefl States equal to the consumption
— lft. Of wood, and of which wood is the chief mateiial. 2d*
Leather and manufactures of leather. Soap and candles. Flax-
feed oil. ^Refined lugar. Coarfe earthen ware. Snuff, choco-
late, muftard, &.c.

CONGRESSIONAL REPORTER. 49

y t

. Manufaflures firrply eftablifhed, fame furnifhing the great-
er, and all a confiderabie part oftheconfumption of the United
States— 1. Iton, and manufactures of iron. , & Of cotton ,
wool and flax, 3. Hats, paper, printing types, printed books,
fyirituous andmalt liquors, manufactures of hemp, gunpowder^
windowglafs, jewelry and clocks, leads, ftraw bonnets and hats,
wax candles, paints and colors, fait, copper, plated ware, calico
priming, queens, earthen and glafs ward medical drugs and fev„
eral chemical preparations* This calculation was made princi

1 pally from materials collected by the fecretary of tfoetreauirjr in
1810. Since which time there has been a great augmentation

> of our manufacturing eftablithments. The want of capital is no
longer lelt; The United States abound in the raw materials of

j ikfe various manufactures, and as to the nccelfaries of life, no
country can boaft of equal abundance. ' From this view of the
fubjeft it might be urged that the United States has been injur-

: ed in theft late Britifh importations, fave a benefit arifmg from
a revenue of j^e millions of dollars. Here a foundation is laid

I to deftroy our dependence upon Great Britain. When that is

; deftroyed we fhall not have fo much to fear from herjealoufy.

! When the two nations are convinced that they can do without
each other, they will be better friends, and our diflance ydll pre*
vent future wars. Our exporters fell their cargoes of flour to

* the pehinfula of Spain and purchafc a bill of exchange upon
Great Britain, The importer purchafes this bill from the ex-

<• porter.and (hips to this country Britifh manufactures. Here
is dependence on our part. On the part of Great Britain fhe
depends jppoiv the markets of the United States to fell her man-

i ufadures and get a fupply of the raw material to fupply her
werkfhops. This powerful clafs of Batifkfubjefts, the man*
usurers, prefer the markets of the United States to the markets
of any other part of the globe,, and the reafon is obvious. In
every coofli£l therefore, between the two ftates, founded on
Britifh aggreflions, this country may calculate perhaps toOstnuch
upon their markets for Britifh fabrics as an inducement on the
Part of Great Britain to abftain from further violence ; aqd G.
Britain make flill flronger calculations upon thfe oppofition in
this country to meafures of hoftility. If the 'non-importation
aft ihould fail as a means of redrefs, this view gives fome con-
folation, in the hope that if this ftate of things muft continue, it
will convince the two powers that tfaey can live without each
other. I flatter myfelf, that the United States would only feet
8 temporary evil, if from any neceflity it was cut off from an in-
tcrcourfe with Great Britain never to be returned— our refour-
<*s are great, ogr wants can be fupplied.^ I come laflly to con-
fider the fa6ls and the teftimony in thta cafe, and although I
Jhall be bound to confider the ftatement of the merchants as
interefted parties, and the examination will prove it, flill I fhall
% nothing to derogate the high charaQer, the great refpe&abili-

No. 4. X>*BATgS*

56 '* CONGRESSIONAL REPORTER.

ty and the extenfive information of thofe committees of mer
chants Who have appeared before the Committee of Ways and
Means* The teftimony reported has only made otit one fide
of the queftion- It would aftonifh thofe who are unacquainted
with judicial proceedings, particularly in chancery, where in-
dividuals of the firft and equal refpe&ability contend for their
rights, and each party, though equally zealous in his own be-
half, make out very different and oppofite cafes. Here the
judge leaves the ftatement of the parties and reforts to other
teftimony, either verbal or written. Indeed fome times the par-
ties make ftatements contrary to the records of the courts
which is the higheft (pedes of evidence-

A chancellor who had never adorned the bench of equity,
Would be ftill more aftonifhed in cafes brought for his adjudica-
tion. He would take up the bill of the complainant and read
it— he would look at the party making the ftatetnt nt — he would
acknowledge his refpettabifity, his high (landing, hisunfuf-

Se&ed veracity-^-and without further inveftigation hejwould
ippofe no doubt could exift as to the juftice of the claim, and
would feel a difpofition forthwith to enter a decree againft the
defendant But when his duty compelled him to travel over
the ftatement of the defendant, equally refpe&able, equally
creditable, equally honorable, he would immediately difcoyer
that he had only viewed one fide of thequeftibn. His' mind
would immediately be balanced, and he would call for other
teftimony to make out the cafe— and what is ftill more wonder-
ful, neither party in their ftatement would fo contradift each
other as to injure the reputation of the other. So powerful is
felf.inten&*-fo # blind to the rights of others— the, mind feems
to poffefs magical powers to deceive itfelf without beiftg con-
fcious of it. yVith thefe remarks, I turn to the repprt,*19th
page, where the Committee of Merchants ftate, that the aver-
age of the import duties, as calculated at the Cuftom Houfe,
amount to 33 1-3 per cent, on the prime coft of goods— on
crockery arid glafe ware, hard ware, plated ware, filks, milinery,
&c. 50 per, cent. Here we have the record as a guide as to
duties — and it was my duty to defcend to that record and con-
fult its pages.

The duties are divided in denomination into fpecific and ad
valorem duties. Few articles pay fpecific duties— nthe great
fund of revenue arifes from ad valorem duties* Thefe duties
may be claflld according to thefe rati s. Previous to a declara-
tion of war, the peace duties were, 1ft. 12 1-2, 15, and 20 per
cent ; to thefe were* added 2 1 2 per cent, the Mediterranean
fund. Doubled fince war thtv ftand, 1ft clafs* 25 per cent- add
Mediterranean duty, 2 12 27 1-2, 2d clafc, 30 per cent ; add
the Mediterranean duty, 2 1-2, 32 12. 3d clat, 40 per cent;
add, the Mediterranean duty, 2 h2 p 42 1-2. " -, v

CONGRESSIONAL REPORTER. SI

. The rates of ad valorem duties are fixed by law # . The calcu- *
lation is made by adding 20 per cent, upon the prime coft of all
goods imported from the Cape of Good Hope or beyond. 10
per cent, upon the a&ual coft from any other place, including,
ill' charges which precede the fhipment, commiffions, outfide
packages, and infurance excepted. The prime coft, we wiH ,
take the round fum of 100/.
and make the calculated* export duties from
G. Britain and inland charges, - - 6 to be added

c to prime

cofft.

106 v

To this fum add 10 per cent. - . 10 12 ^

The amount upon which duty 116 12 is calcu-
Ipted for every one hundred pounds prime coft. ^

This calculation is not an arbitrary one. It is confiftent with
the law and the pra6lice of the Trcafury ; only in molt cafes
the Treafury does not add as much as 6 pei* cent, to the prime
coft^as I have done in this cafe. Indeed I have riow 2 original
invoices and a bill of lading, to prove that the ordinary charges
which are added to the prime coft, and upon which the duty is
calculated, does not amount to 6 per cent. Upon every 100A
prime coft, therefore, the charges and the 10 per cent, will make
it 116/.
lft. The duty of 27 1-2 per cent, on 1 16/. would be 32 per

cent, on 100/.
2d. The duty of 32 1-2 percent, on 116/; would be 38 per

cent, on 100/.
3d; The duty of 42 l<-2 per cent, on 116/. would be 49 1-2 per

cent, on 100/.

It is ncceilary to examine and find out the proportions of the
importations on articles which pay thefe three rates of duty, of
27 1-2, 32 1-2, and 42 1-2 per cent, upon prime coft, and the
addition of 6/. to each 100/. according to the calculation at the
Cuftom Houfe ; or in other words, the articles paying upon the
prime coft 32 per cent. 38 per cent, and 49 1-2 per cent* Hoi-
low glafs ware, carriages, and parts of carriages, alone pay 49 1-2

{>er cent. Hard ware, milinery, leather and manufactures of
eather a china, crockery, &c. pay 38 per cent. All other goods*
principally wool, filk, cotton, flax, hemp, &c. pay only 32 per
cent. Although the bulk of thefe articles paying the laft efti-
mated rate of duties, are enumerated by the Committee of Mer-
chants from New York as paying 50 per cent, making an aver-
age difference of about 17 percent, which taken from thegrofs
amount of the charges which they ftated amounted to 60 per
cent, and upwards, will give them a profit of 17 per cent- more
than was calculated. But I proceed with my calculation to find

CONGRESSIONAL REPORTER.

oat the average of the duty upon importations to the United
States. • This can be done only by reporting to the annual re-
port made by the Secretary of the Trt afury, which will give the
amount of articles paying the 3 rates of ad valorum duty. But
little time has been given, and I have commenced with the year
1804 up to the year 1810, both years inclufive.

Impor-
tations

lit grade of

duty paying

2d grade of

duty paying

33.

3d do.
491 2.

J «

In 1804
1805
1806
1807
1808
1809
1810

30,204,367
33,5Q6.584
35.844, 48
.36/264,874
7,783, 25
9,458,378
37,734. 20

| 2,640,925 |
7,248.629
8.372,527
9,484.682
2,622,478
4,783,006.
7.703,290

425, 86
405.470
500,003
526,002
466.648
303,702
552 50

Years 7. 1212.983. 96 147856 647 12,799 4*1

■i mi l ii-^ i i , — — i »«ii i ■'■ »■».■«., ii ii ii

Million.
213 paying 32
48 paying 38 p .
3 paying 49 1-2

264

m The refult of 7 years gives us 264 millions worth of importa-
tions, by adding a fradHon of a million in each cafe, for fake of
round numbers.

Of that vail amount of 2S4 millions, three millions has paid
49 1-2 per cent duty ; 48" millions has paid 38 ptr cent ; and
213 milKons has paid the lowed ptr cent upon the prime cod,
32 per cent.^ To get hold of the average duty \ve myft not
take the duties alone, and add them together and then divide by
three ; we muft alfo take into the calculation the amount of ar-
ticles paying the different rates of duty. The experiment hasr
been made of the two laft years, and of the three laft years."
The average duty upon the whole importations would be lefs
than 33 1-3 per cent. Therefore, the great bulk of the articles,
and in fail all of the articles enumerated by the committee of
New York, as paying 50 per cent, duty upon the prime coft,
pay only 38 and ,32, except hollow glafs ware, and the average
duty as calculated at the Cuftom Houfc upon annual importa-*
tions does not amount to 33 13 percent. So much for the
firft fa&, which is proven varient from the understanding of the
Nay, York committee by the laws of the land, the Cuftom
H<Bfe calculations, and mathematical demonftration. We
will now pafs to another allegation in the reported ftatement.
It feems as if one of the New York committee dated, that the
greater part of the late importations of Britifh manufa&ures

CONGRESSIONAL REPORTER. y S3

were purchafcd in the fall of 1810, and previous to 2d of Feb.
1811, the period when the non-ifaportation commenced its
operation. This ftatcment was not made ujjon ^oiitive fa&s.
It was a belief, ari opinion expreffedjMd as will appear unnec-
tffarily and too (Irongly exprefljbd. Thefe were the cafes nboft
entitled to confidcration—apd the want of evidence to discrimi-
nate, is a H reafon additional' why we fhoold refer this fubjcQ .t0
fome tribunal for examination, and you mult give it to the _
Secretary of the Treaiury, or you muft create a new tribujjn;
'The Statement upder ponfideration doei not admit of Arith-
metical demonftration. We muitrefort to circumftantial and.
fuch pofiiive evidence as we have on this point, and although it
v may not oe fufficient to fay what amount of goods lately impbrt.
ed were purchufedand^on American account and fifque prior to
the 2d of February, 1811, tnere is violent prefumptive evidence
to overthrow the opinion of the member of the New' York Com-
mittee, that the greater part was fo purchafed.

The late importations admit of daffification as to the time of
purchafe, as to the tirtie of lhipment, and as to the qwnerlhip
of the proper ty. As to the time of purchafe. That which \v$s
purchafed previous to 2d February, 1811; that which wa*
purchafed after 2d February and previous to' the revocation of
the Britifti orders in Council of 23d of Jutie, 1812, and pur-
chafes macte after a revocation Qf the Britiflj orders in council.
As to (hipments,. vefll Is which left Britifh porfs for the United
States before a knowledge of the declaration of war, and veffels
which failed after that knowledge. As to thi owrierflup, 1ft.
That which was purchaf d either on credit or with prompt pay*
merit by American citi2ens,and Ihipped or> Afnerican account*
2d. Goods (hipped by Britifh merchants to order and on Britifh
rifque and Britiin account until delivered to the American mer-
chant in this Country. Ihaye already produced papers fhew-
ihgfucha cafe, where the invoices, the bill of lading, and the
mercantile' letter! enclofed to a friend, who was directed to deliv-
er over the goods to a third perfon, upon the contingency of hi§
being in folveht circumftances. 3d. Britifli {)roperty-^-There
is no evidence to determine precifcly the quantity of goods pur-
chafed at thofe'difierent periods — but there areciicumftances to
cftabiifh the fa&, that a very fmall portion indeed was purchafed
prior to the 2d of February, 181L

From an examination of Cuftom Houfe returns it will appear
that from ten to fifteen million of dollars wor^h of t Britifh mer<
chandize was (hipped into the United States previous to the
2d of February, 1811, and whifeh was admitted to entry and
exemptedfrom forfeiture in confequencfe of the provifions of the
aft of March, 1811, which was intended to embrace thofe very
cafes. Independent of this, it was well known that application,
would bem^dcto CongreC* for fuch a relaxation of the non-
importation aft* . *

# ■

U CONGRESSIONAL REPORTER.

* i

There were other weighty inducements to the merchant to
get home his property. He had paid the ufual prices. The
non-importation was to commence its operation on the 2d
February, 1811 5 there was no proipefi of a fpeedy termination
of our differences with Great Britain ; the exhaufted markets
of the United States offered a certain pledge of profit. Under
thefe circumftances is it likely that ten million dollars worth of
the late importations were purchafed, paid for, put intoware-
"^fcpufcs, and there remained until 23d June, 1812 ? The cnter-
prfcing and bold character of the merchant forbids fuctv a fup-
pofition. Their condutt in general, I do not fpeak/in particu-
lar, has hot been timid, more efpecially when they have only
come into contaft with the commercial reftridtionsof the Unit-
ed States. This is not the only circumftance. We have it
from the ftatement of Mr. Ruffell, that the revocation of the
Britifh orders in council was not an a£t of juftice towards tlie
United States, but as a relief to her numerous fuffcring # and
ruined manufacturers who had dated that they had conditional
orders from American merchants for vaft Quantities of goods as
foon as the orders in council were revoked. Mr* Ruffe 11 alfo
ftates, that after the revocation of the orders in council, the
agents of American merchants were extremely active in mak-
ing inveftments in Britifh manufactures. It is a hi\ acknowl-
edged that the ftate of exchange was ^ffe6Yed by it. It fell from
upwards of 20' to 14 6r 15 per cent..and that there was alfo a
rife, in the price of manufactures. Mr. Ruflell concludes with
ftating it as his opinion, that a very (mall portion of the late im-
portations was purchafed prior to February, 1811. I have ex-
amined this fact, not as ar judge or as an advocate, but with a
view to convince the committee of the neceffity of a reference
of this fubjeft« The next fa£V I fhall take up relates to the rate
of profit, and here again we mud have recourfe to the beft evi-
dence in our power, and not the beft the nature of the cafe will
admit* The petitioners admit that they will make a handlotnc
profit if their bonds fhould not be forfeited.. If they fhould
efcapeby a total remiffion of the forfeitures incurred, this hand-
forae profit they allege will be from 5 to 10 per cent, above
ordinary profit and not including the difcount in the rate of ex-
change between the United States and Great Britain. It is al-
leged that the rate of exchange ought not to be calculated as an
extra profit, becaufe within ten years it will balance itfelf. It is
true that in ordinary; times, the exchange will fome times be
above par, and fom'etimes below par, fo as not to make any
tftaterial profit or lofs within ten or any given number of years*
But previous to the year 1811, for 20 years the difcount has
never been greater than ten per cent.— during the year 1811 it
was 20 per cent* and^ upwards. The petitioners fay from 10 to
23. Taking all the information I have read on this fubje&, the
difcount in feme cafes h$s been 28 per cent* If the petitioners

, »

CONGRESSIONAL REPORTEB. 55

win not call this difcount a profit, I cannot help iu nor is it Ids
true that the difcount puts into their pockets fo much money*
I am not compelled to difbeheve my own ftnfes ; and if I fee a
bill of exchange purchaled at a difcount of 20 percent* which
is eguai in value to its nominal amount* in vain may the pur*
chafer fay he makes no calculation of profit from fucha fpecu-
lation. He makes his 20 per cent* difcount* The fame advan-
tage accrues to the . exporter of produce to the Peninfula. The
bills on England are invf (led in Britilh manufa&ures to prevent .
a lofs of 20 per cent* I have had reference to the reports annu-
ally made by the Commiflioncrs of the Sinking Fund to afcer-
tain the fluctuations of exchange*

A recurrence to this annual report, where the, government
has made great annual purchafes of bills on England with a view

tf paying the public debt in Europe, confirms thefa&ftatcd
y the petitioners, that exchange was never known before to be
more than 10 per cent, difcount, and that within 10 years the
balance is equal in ordinary times*
la 1804 exchange waft from par to 2 1-2 per cent

advance, average - - - 11-2

1805 exchange was from par to 4 per cent* dif»

count do* - - - 2

1806 at par

1807 from 1 per cent* to 3 difcount .2

1808 from 3 to 6 1-2 advance - - 4 C-.4

1809 from 1 to 4 advance - - -2 1-4

1810 from 2 to 5 difcount * « - 3 1-2
The opportunity of the feven years enumerated, has alone

been afforded for the want of time, which leaves a balance of
1 1-2 per cent* in favor of the advance.

In 1811, from 15 to 25 per cent, average 20 from the belt in*
formation, leaving on the fide of difcount 18 1-2 per cent. In
1812 from 10 to 20 average 15 percent add to 18 1-2 makes
33 1*2 per cent- add to this the deprtflion of Britilh manufac-
tures from 5 to 10 per cent, on an average ftnee 2d February,
181 1* I have made thefe remarks and calculations, becaufc the
ftibject of profit was involved,not to make out a cafe againft the
merchants, but with a view of (hewing the neceffity of refer-
ring them to the Secretary of the Treafury where ample jufiice
will be done them. If I am permitted to wander from the rec-
ord, and I uo not feel myfelf confined to any particular fource of
information, I would give a calculation which would eftablifh
the extra profit of the importer at 20 per cent, above the ufual
profit. 1 would take the fales in Baltimore, for l©01,ilerlinc: in
ordinary times, fay 2401. currency, this year 3001.— the differ-
ence will be 60 ; converted into fterling it is 361. fterling on the
1001. deduct the double duty 1*1. leaves 201. per cent: above
ordinary profit. I will not venture to lay what extra profit has
been and will be made ; it is not necellary tp hazard the a.

- i

SO CONGRESSIONAL REPORTER.

mount— -I have cftabiifticd the point of a very confidcrable ex-
tra profit. The importers will not agree that they have made a
great extra profit. They do not, howevfrr; deny the fact* that
the people have been compelled to pay the enormous high prices
complained of. They say the jobbers, in other words the fpec-
viators and the retail merchants, have made thefe profits, but
principally ihe jobbers. There would be no difficulty in pro-
curing the tefti'roomy^of retailiers as to enormous prices paid to
importers, and I prefume the jobbers would not agree that they
alone had impofed upon the people.

A variety of letters have been received by members and read
as evidence and ex parte affidavits making out a better cafe for
the merchants than they made for themfejtfcs. To read Hhtse
letters and affidavits we might conclude that fo far from any
profit being derived from the late importations, that it had tx til
really a loling bufinefs. I have leen feveral letters on the other
fide of theqiuftion ; J could procure one from my friend from
Pennfrlvania now to my right, another from a gentleman from
Maryland,^nd I have in my hand one from the collector of Nor-
folk, all of which letters go to prove the g r eat and exorbitant
prices of goods-obtained by- importers fumcient to cover their
bonds* [Here the collector's letter was read. ] But, fir, I Kave
4iot fought teftimony to make out a cafe as if judgment was to be
pronounced t or volumes might have been procured* What I
'have obtained has been a voluntary offering from refpe&able
fources. As t© letters in favor of the merchants, as many
might be obtained againlV the declaration of war, if it was fup-
pofed they would be read in this body to govern their decifion.
.3k has given me no pleafure to have b^en compelled to prefent
this fubjeft as duty has compelled me. The fituation in which
I am placed is an invidious one, but called upon by duty and o-
beyiog that folemn call upon a fubject of fo touch magnitude*
while 1 derive confolat ion in not having wantonly injured the
feelings of the party concerned, or thofe who differ from me in
fentiment, I feel indifferent as to the opinion others may epter*
tain of this policy, nor do I court the good opinion of any man
further than it may be bottomed upon confcientious principles
and correctnefe of conduct Were I to confult my own feel-
ings, I might have remained filent.* It may be thought by fome
that no part of the merchants' bonds fh^uld be exa&ed; that
this great community fhouid give up what is really due to thofe
who have violated the la w. The body politic, this great per-
sonage, has no identity but in its operation. It is not tangible,
has no form to prefent itfclf to your view, to addrels your p&f-
fions, to cloud your judgment, to weave itfelf into your tender
mercies. But it is not lefsmy duty as a reprdentative of this
great community not to abandon what I confider its moil effen*
tial rights. I have nothing to difguife on this Fubjefi — this com*
munity which has been taxed by thefe importers pf British

• 4

. CONGRESSIONAL REPORf ER. 57

merchandize is involved in difficulty, in a war which mbft con-
tinue until the preilntminlftry in England fhall lofe their power,
or until the republican party in the United States fhall be turned
out of their places While this is the cafe, I am unwilling to
fix upon them internal taxation until it becomes indifperifable,
nor to permit any portion of thetnfelves to monopolize advan-
rages without<an equivalent.^ If the trading part of the commu-
nity would not be fetisfied with the meaf^es of the government,
t I would withdraw their capital from a dngraccful traffic with a
foreign power at war with their country \ the war would be of
lhort duration, and the people would pay any taxes you would
fix upon them without a murmur. But when the agricultural
and manufacturing part of our community have taken up the
fword for commerce, and thofe immediately engaged in" corns
merce oppofinfe the war, they tyill not be willing to be taxed by
that cla(s of this people and then taxed to cairy on this war.
I do not intend to include many illuftrious exceptions in the
mercantile clals of the community ; but they will acknowledge
"that fuch is the faft generally— no matter what the caufe, fuel*
is the unfortunate fituation of the country ; nor will one of them
deny, that if Wewere^now obliged to give up the conflict vfrith
Great-Britain, our humiliation would be complete, and our in*
dependence at the mercy of the Britifh monarchy. Such have
teen the advances 6f the Frefident towards a termination of the
^war, that if the fcderalifts Were in power to-morrow, they would
not dare to give up the principle of impreilrnent to Great- Brit-
ain, unlefs they thought the people Were ripe for monarchy. I
have not faid this becaufe I think oafes of individual juftice or
liberality (hould gd by favor and according to political tenets ;
no, fir, I have given teitimony in this body, that party conud-
erations do not govern me in caies of individual juftice, nor in
cafes of liberality. I adduce it for the purpofe of faying, the
petitioners are not entitled to a total remiffion of .the bonds, nor
ate they efpecially entitled to the mercy df this government.
Votwsthftanding this, I ani unwillmg to ruin the merchants as
1 am to abandon totally the juft rights of this cbmmtinity. I
am induced to vote for this reference, becaufe the Secretary has
faid that he will not exact the whole of the bonds, nor will he
remit them without condition. He will remit one half; before
the oth^r is remitted, he will demand an equivalent for the extra
profit which the importers have made. Why demand it ?' Be-
caufe it is due to the non-importation aft. Becaufe the peti-
tioners have enjoyed exclufive privileges,, and thefe exclufive
privileges have levied a tax upon the people. Who is v then, pre*
pared to abandon this right to the community ? Who is ready
totax them doubly, not on account of the war, but becaufe we
did not keep for them that money which was their due ? I know,
fir,that upon queftions of this kind we are called the friends
and the «nenaies of commerce ; and I havtap doubt, I am en-

St CONGRESSIONAL REPORTER.

titled to the latter denomination in the opinion of fome. If, fit,
to contend for the rights of this community even againft great
importing merchants is anti-commercial, I am that man. I£
fir, to refufc to give up the non-importation a&, and even to re*
fufe to let merchants violate emitting laws with impunity >be anti
commercial, I am that man. If refuting to favor the merchants
at the expenfe of the agricultural, and manufacturing, and la-
boring portion of the community, be inimical to commerce, I
jim the man. But, fir, if a willingnefs to expend the laft cent
of our treafure and the laft drop of our blood for the neutral
fights of the United States will entitle me to be^tyled the friend
of commerce, then am I entitled to this honorable appellation*
If a determination never to give up the war, rather than per*
mit our fcamen to be imprefied and made Haves in the
fervice of Great-Britain, entitles any man to be confidered the
friend of commerce, then I am among the favored few. If, in
Fine, an anxious defire to place farmers, mechanics and manu-
facturers on an equality, will fhield any man from the* odium of
jbeing unfriendly to commerce, then am I (hielded* But de-
termined to difcharge my duty at every hazard, I am not anx*
ious where I fhall be affigned by thofe who tall themfelves
the exclufive friends of commerce.

Mr. MITCHILL followed Mr. Johnson in debate. He said
he did not rise so much with the intention of making a reply to
the learned and eloquent gentleman who had iust taken his seat,
as to introduce a new proposition to the consideration of the com-
mittee, for tho purpose of unfolding which, he asked the indulg-
ence of a few remarks.

He said he was dissatisfied with the report of the standing com-
mittee of Ways and Means for two reasons ; the first, in point of
pttbstanee, that it did not provide any relief for the petitioners ;
and the second that instead of containing a sentiment or opiaioq
eouehed in positive terms, it was expressed in negative language.
For the House is told " that it is inexpedient to legislate on this
subject," and that the petitions of the merchants with the accom-
panying documents, ought to be referred to the Secretary of the
Treasury. •

Mr. M. declared himself to he of a very different opinion* In
{his he was not singular, for if he construed aright the executive
message of the Mb November, it was plain that the president of
$he United, states believed it to be worthy ef congressional delib-
eration^ In his communication he informs us, that a considerable
number of vessels which were in England when the revocation of
the orders in council by the Prince Regent took place, were
freighted with British merchandize and dispatched to our coun-
try, under an expectation which turned out to be erroneous, that
the non-importation act would immediately be rescinded. It di<j[
npt appear proper in judgment of the executive^ onunforseen cas-,
es of such magnitude, to exercise the ordinary powers vested in

CONGRESSIONAL REPORTER* 5?

> treasury Department to mitigate forfeitures, without previ-
3y affording to Congress an opportunity of making on the sub-
t smsli provision's they may think propcr,hoping that in any dev
ion they may make, they will equally consult what is duo to e-
rtable considerations and the public interest. , .*■

Upon this expression of the President's mind, sir, this House
a already acted, by referring it to one of the standing commit-
, and now this committee comes forward with a recommend-
n that, the House should do nothing in the premises, and
rreby decline s to aid the officers of the treasury and revenue de-
Brtments, in such weighty and perplexing occurrence.
fiat my desire to act upon this-occasion and to extend a friendly
and to the executive, is confirmed by the letter of the Secretary
fthe Treasury himself. In his letter to the Chairman of the * v
Smmitteeof ways and means, he informs him that of the forfeit- *

Ires which have accrued, one half is by law vested in the custom-
house Officers or informers, the d(ber half in the U. States. The
tower to remit the share belonging to the U. States and to all oth-
f persons in whole and in part and on sueh terms and conditions
js he may deem .reasonable and just, is indeed reposed by law al-
ready in that high and responsible officer. Bat considering, as he
:ells us, tie magnitude and uoforseen nature of the case, it was
[bought proper not to . exercise that authority until Congress
kbouid deliberate upon it, and prescribe if they think proper, a
pourse of proceeding. Thereupon all the petitions already _re-
eeived remain In a state of suspense, and for the purpose of avoid-
ing an unnecessary accumulation of cost, the petitioners or stif-
ferers have been mostly advised to withhold their applications ug-
til the decision of Congress shall be ascertained.
i Aceor^ng to rny conception of the matter, this business is fair-
ly before f us for action as legislators. We shall be worthily
employed in deciding upon it favorably here, and not exhibit the
spectacle of a sport at political battledore between the legislature
and the executive, who toss the great question of the petitioners
backward and forward like the shuttle cock.
, Believing thus the matter to be completely before us, from the
^President's recommendation, from the Secretary's notice, from
the chairman's report, ahd from the respect due to the memori-
alizing citizens themselves, I am desirous of shewing why I think
a measure of mercy and favor ought to be shewn. And I shall
arrange the observations appertaining to my present purpose
under two heads : 1st. The equity of the ease ; and 2dly. Its

^policy.

. On the equitable view of this case, I beg the attention of the

, committee to the proceedings of our government for a few years,

relative to its commercial relations with Europe. Alter various ,

' misunderstandings and quarrels concerning the rights of our cit-

' izenson the high seas, the privileges of neutral nations, and the

.increasing insolence and violence of the beH$gerenls, Con-

60 CONGRESSIONAL REPORTER.

gress concluded it wise to withdraw from the scene of central
mud aa embargo without limitation was enjbined upon our per
)at» in 1807. This restriction was borne with almost une:
pled firmness until March, 1809 j a term of about foui
months. It then became too irksome for a busy and commci
nation. The murmurs and discontents were too vehement t<
resisted ; and that plan, which* if it had been possible to
persisted in it, would have carried us triumphantly through
difficulties) was abandoned from necessity — and that neocssitj
rose from a want of power in the government to enforce it*

On the repeal of thk, was enacted the non-intercourse lai
gainst France and Great-Britain ; to which succeeded the
orable statute of May, 1810. The latter I ever considered
unfortunate law for us ; because it undertook to perform by v
act of the Legislature what strictly and rightfully belonged to
treaty- making function of the President. By that statute
bound ourselves baud and foot j and in that condition preset
ourselves to the unjust and the contemptuous belligerents, 1
untied.

By this, we made a .voluntary stipulation with the power
sways the continent of Europe, and that which rules the oi
that if either of them would so revoke his orders in' council
decrees before March 18dLl, as that they should cease to viol
our neutral commerce, and the other nation should not, wif
tiiree months thereafter, so revoke or modify her edicts, the
visions of the act to interdict commercial intercourse should
enforced against the other power so refusing or neglecting, al
the expiration of three months from the date of the Preside]
proclamation, as directed by the law*

On this overture, France acted, but in a manner so obscure
equivocal, that disputes arose concerning its reality. Our govei
ment, however, considered the revocation serious* and real i aj
the fact was annouueed accordingly. This brings us, sir, to
vember 1&6, theflfra from which we are to date the comment
ment of the three months allowed for England to net. We wi
remember that time, ighen month after month rolled away
anxious expectation, and at length the February of 1811 cam<
but without a corresponding overture on the pert of the Britil
government.

Faithful then to its engagement, Congress passed the att sug,
plementary to the act of May 1810 ; and in March 1811, and no|
'till then* declared the provisions of the non-importation to be iq
operation against Great-Britain only. But in this it Will be r^
membered, Mr. Chairman, there was a salvo for all America^
vessels, and all merchandize owned by American citizens, import*
ed in such vessels, as should have departed from a British pari
prior to the second day of February, 1811, and by this enlarge
ment of the right to import* much merchandize was introduced
which would have been excluded, had the time been limited to

CONGRESSIONAL REPORTER. 41

vols an that day into a port of the United States* But it

at the same time equally clear, that this extension favored

man of bold adventure, rather than the respectable observer

iis country's laws ; and that a large part of those who wer*

best entitled to that remedial provision, were totally and una*

bibly excluded from its benefits. , In this way things progress*

fatil the 18th of June, when #var was declared.

i the mean tinje, however, the British government, availing It* ^ •

: of the regulations of our statute, did on the 23d of the same

tth, and without a knowledge of our law, revoke also, ©atensi*

» its •bnoxieus edicts. This revocation, though not satisfac*

f to the extent we hoped and wished, .was nevertheless of such

braeter, that {am hound to believe it would have kept arnica*

Relations alive, ami continued the commercial intercourse a

ft;, if the declaration of war had not intervened. I say, Mn

tirman, if the act of the Prince Regent had been promulgated
re the nation proclaimed hostilities, my belief is, we should
Lbave measure^ swords with Great-Britain at this time;
rhere can be no doubt that the British government had a right
jjo as they did* Our statute gave them the full permission* '■'

tat was the consequence ? Why, sir, all classes o^ persons^
jh and low, gentle and simple, active and speculative, believed
the very thing was done, which our government had sought,.
ry person holding* funds in England, or possessing merehan- 9
there, took measures for bringing them home* Yet, not sat- -
with the universal impression, the merchants consulted the
man, who acted as charge des affaires for this country at
t court of St. James.~And this exalted, officer advised thetti
Rout scruple to send home their property. This counsel seems
nave been given under a full persuasion, that the penal and
ihibitory statute would be annulled by the' President, the mo*
pt the Prince Regent's declaration should be officially made
swn to him. . ^

War had in the mean while been declared, and the executive
■ thereby incapacitated to act. Tet, I appeal to tht honorable
I equitable feelings of this committee to determine, whether
\ well-meaning and law-observing shippers on this occasion, did
X act as I and you, Mr. Chairman, and every other man of cen-
bratioo and reflection would have aeted under similar circum-
■lees ? '

I come, secondly, to the poliey of granting relief to the peti-
■ers. As I mean merely to introduce, a proposition, and not
ter into a detailed argument, I shall be very brief,
gentleman who preceded me has passed some severe strie-
upon the mercantile character. I would wish him to re-
or reconsider a part, at least, of his remarks. Merchants,
bvld have him to understand, arc very much like other classes
iociety. They are governed by the same feelings, and actual-
ly the like principles* In some the selfish disposition may" r

63 CONGRESSIONAL REPORTER.

Sredeminatft over the social, but even in such cases, the merdj
oes bat resemble the farmer, the manufacturer, and the «
classes of mankind. To say the most and die worst of tbl
they are very mneh like their neighbors.

The merchants hare brought to the United States, nytjj
teen or twenty millions of property. This I admit to have
done against the letter of the law. When friend, I am «toel
do not think that on this account they hare sinned -beyond forgl
nance. No such thing. There is an equity of redemption i
out to thorn, which may be exercised on the present occaa
And I hope Congress will eondnct like a court of chancery to
Ting and interposing grace. I was one of those who during
last session was desirous of cfalling home the property of om
zens abroad, as a was measure.. I believe that the nation w
thereby be strengthened ; the individuals would get their
ty, and the treasury a good store of revenue. Thust^e m
citizen and the public revenue would grow strong together, j
by one and the same act. That measure, however, was th wan
at the time, and the periqission to import, was reftised. ^ !

Now, sir, what has happened ? Exactly that which might N
been foreseen, to wit, that if you would not legitimate the iflffl
tations, they would be made without your leave, and under 4
peculiar and imperative circumstances, that you must in «
science as well as in equity and policy yield to their force.

In urging the policy of extending mercy in this case, 1 1»S J
to look at the course of trade ; we send freely abroad the 1
ducts of our soil, although we feel a moral eon victios that)
greater part of the proceeds will center in England, tb ee *H
urn of the commercial world. It is perfectly well understood <
Spain and Portugal cannot pay us either in specie or produce!
the bread stuffs and other articles of human sustenance which
send to Cadiz and Lisbon, and that these exports arc paid fori
great extent in bills upon London. # .J

Consider too the by several solemn votes of thissessiojl
have refused to inhibit the exportation Of grain. The**
made originally by the gentleman from New-Hampshire ^
Harper) and repeated since by the gentleman from Yirgfa r
keep our flour and meal at home to feed our own seamen, 0°
*nd citizens, has been sturdily negatived. *If then wee*I>
suppose it is intended to bring back the returns in aparmM*
possible course of trade, for really I am not patriotic cnouffl
make a gift of these valuable cargoes either to the belligerent
to Neutrals. .

Again, sir, it may be questioned whether we ought to I* •■
sively angry at an event which has brought near SO muM*
property to the country, and six millions of dollars into the lq
tiry. This is in my estimation a fortunate and desirable e*
The eastern breezes have floated it like a waif upon our sM
infinitely more precious, incalculably more valuable than* ^

CONGRESSIONAL REPORTER. 63

■ fish. I am willing to take the boon and make the most of it. A
good prize in the lottery, however unexpected, is not the less a
prize.

Besides, w© have had the advantage, from those seasonable sup-

. plies to clothe ourselves and our troops, and prepare one and all

i» the better for encountering the inclement season, and carrying"

on the campaigns against the enemy in die north. The coatings,

blankets and coarser wool!ens,as the public agents inform us, have

; brought good prices to the owners, in consequenee of the compe-

■ tition between the governmental commissaries and the private

* purchasers.

i In this enquiry, it should all along he recollected, that, our non-
> importation law is already and in fact defeated. Whatever incon-
L venience it was intended the enemy should feel and endure, by our '
, refusal to receive his manufactures and merchandize, is, so far
[ as the present importations go, frustrated. The deed is done,
f And the question is, not whether the foreign productions shall be
l- admitted, but how, since they are already among us, the forfeit-
ures and penalties to which they gave rise shall be disposed of. *
, And in this situation of the business, I for one am willing to act
I with lenity.

The circumstances of the petitioners are so pressing and pecul-
iar that I am totally averse to the Shyloek Severity of demanding
strictly the pound of flesh. Remission and forgiveness seem to
; me to be preferable : and they will evince a magnanimity well
' worthy of our national character. In such conduct too there
' will be a conciliatory spirit which will soothe and
, and win the hearts of the , memorialists and their friends*
I They cannot fail to love a government which gives them such
proofs of generosity. And thus we may calculate that one of the
. consequences of moderation in the ease before us will be a strong,
|r an undivided, and a hearty concurrence of these, with the other
classes of our eitizens, in giving money, supplies, and vigor, to
the war we are waging for the vindication of our rights.

■ I have thus, Mr. Chairman, stated summarily a few of the rea-
f ions which inclined me to believe it will be both equitable and

Clitic to look with a favorable eye upon the applicants at the
r. Yet I did not rise to enter now into a minute discussion, but
merely to offer some general observations for the purpose of intro-

• dneing a proposition— I move, without proceeding farther, as an*
amendment to the Resolve reported by the committee of Ways &
Means, to strike out the whole after the word JRe*ofoed,and to in-
sert in lieu thereof the following words ; <*« the sense of this

\ Commutes* that the forfeitures and penalties incurred by those of

■ the P. SI who have given bonds for merchandize imported on thtir
i own dceountf and in American vessels,from the united kingdoms
i of G. Britain and Ireland, since the 23d' day of Jhme last, ought
, to be rtmttteds*

I-

' 64 CONGRESSIONAL REPORTER/

Mr, WIDQERY — Mr. Chairman, we hate been serial A$p
on the business of the bonds, and the chief of your time has been
taken up in an investigation of the merchant's accounts and ex-
amining lottery, to prove their loss and gain ; this appears to m4
to be raising a phantom for the purpose of shewing oar valor in
fighting it. What possible bearing can (bis calculation have on
the question before the House, except' to ascertain how muchthfe
- merchant could afford to be set off, and thence by establishing^
price, for the crime of which gentlemen are pleased to say the
merchant is guilty., Sir, are you willing to take seven, years, and

' average the loss and gain ; are you willing to r^tore to wealth and.
affluence the thousand merchants who have beoome bankrupt bj
vnturin^ to sea ? The answer will be no, and a very proper one.
Government ought to have nothing to do with the loss of the mer-
ehant ; in this all will agree. Will not the same reasoning apply
a?'lo his gain ? It appears to mc,it will. What assistance docs
government give the merchant now ? Not a single convoy even
alongshore; not in a single instance have their vessels or prop*
. crty been convoyed $ they are left to their fate. They launch off
into the ocean of uncertainty ; their adventures have given you
five million and a half of dollars, without which you must have
resorted to aland tax tb support your war. Th e honorable Spea-
ker yesterday, when on the floor, although for remitting in part*
thought he must be in fashion and give the merchants a shot as $

• he passed. In answer to (he gentleman from South Carolina, who
had mentioned the distress of the sea port s,he pointed you to their !
ajeh furniture and costly equipage.- Here I thought the honors
hi© Speaker had forgotten hfmseJf, for if that was to be the crite-
rion by which to squeeze inoney from the citizens* *the Speaker
would be squeezed very hard, for I know of no man whb rolls on
the wheels of luxury in move magnificent stile, than does thehbn.
Speaker. At the last session of Congress, when the question was
brought before the House, to allow the importation of British
goods, 1 was opposed to it, because I then thought it was impolitic
in the extreme to relieve England in a ease which of all other?
most distressed her, that of confining her manufactures at home.
In the. present case ths goods are ttere, and whetherjrou take tb$
ad van tnge of the bonds or not, remit or not, it is immaterial to
the British manufacturer ; he has got his pay foajfthem ; no ad-
vantage therefore which you may take of the' bonds can injure
your enemy, except in those instances where the British merchant
may have consigned to orders, in which ease I am willing to ad-
mit they are British goods until delivered, if shipped by a Brit-
ish subject. When the gentleman from Kentucky was up in sup-
f>ort of the report 6f the committee, after he had read over many
etters from the merchant's counting rooms and compared them,
and attempted to shew their disagreements, but to no purpose,
from the goodness of his heart he was pleased to earry the mer-
chants into a court of chaucery to examine their errors, in a case

CONGRESSIONAL REPORTER. 65

that could have no poffible bearing on the queftion before the
Houfe. Sir, I afk for the merchant nofuch favor; I am wil-
ling they fhoukl be tried by the rigid rules of law, not the mere
letter of the lay, but according to the fpirit and true meaning
thereof; and for this porpofe I am willing to take the higheft
crime the law knows of, homicide : A man is found dead in the
ftreet, a coroner's jury is fummoned to inquire how the man
came by his death ; they bring in a verdift for wilful murder ;
the perpetrator is taken, the grand jury indifil fo % r wilful murder;
here then were no furtherjn-oceeding to be had in the cafe, the
perpetrator must receive fentence of death ; both thefe juries
have a&ed according to the letter of the law. But he ^as an-
other chance for his life before an impartial jury, where he has a
right to challenge all wham he might think has aught against
him, to the amount of twenty. four, .without givinjg a reafon, and
as many men as be can give to the court good reafons for chal-
lenging. Sir, I think if the merchants had the feme right here,
it Would leave a very thin Houfe,

The jury isimpanneled — this jury is to. try the caufe accord-
ing to law and the evidence given them. This t I call the fpirit
and intention of the law. In this action the jury may give' ei-
ther of their verdidis— if the killing was without excuie, they
hnay give a verdidt of guilty — if, though violently attacked, it
appears to the jury that theprifoner might have efcaped without
'killing his affailant, thejr may give a verdidt for manfiaughter —
orifneceffary to theftvingofhisown life, theprifoner killed,
Ms affailant, they may give a verdi&of not guilty : it being ,
what the law calls excufeble homicide. And this dottrine of
excu&ble homicide has been carried much further — If a man in
the ftreet ispurfued by a perfon, who he thinks has a design to
kill or injure him, he may turn and kill his purfuer ; and though
on trial, it turns out on evidence that the purfuer was innocent,
if it appears to the jury that any circumftance or situation in
which the prifoner nood immediately antecedent to the killing,
he had good grounds or reafon for his fufpicion, the v may give in
their verdift not guilty : this being, according to the fpirit of the
law, excufable homicide. This laft cafe will, I apprehend, be
thought by fome of my hearers a very extraordinary one ; but I
wiU pift a cafe which in a moment will convince them : A man,
having long black hair, paints hiiftfelf like an Indian, to prevent
their fhooting him as he partes them in ambush; in his travel-
ling through a wood he hears an Indian yell ; he darts ; in his
Bight is discovered by a white man a-head, who, thinking him-
fetf purfued by an Indian, (hoots him dead on the fpot — will not
every man excufe him ?

Will this committee refufe the merchant as fair a chance as
they would give a man indicted for murder? Kind Heaven for-
bid it t It canpot be fo— this temple of freedom cannot fo foon

No. 5. DEBATES.

65 . CONGRESSIONAL REPORTER.

be thus polluted- Suffer me then to ftate the cafe of the roeri
chants; and to (how to **>is committee that they are not guilty
of thofe faflious and treafonable aflions, which the gentleman
from Pennlylvanfowas pleafp d to mention on Saturday, in the
courfe of his obfervations. But here I would remark that th6
gentleman from Pennfylvania acknowledges himfelf tohavebcea
in an en or laftfeffion in voting to admit Britilh goods, $ndha&
afked pardon of his conftituents for the error he has committed
i have no doubt the gentleman then aQed from the puftft lyfr
tive*, and was as fure then that he was d^inrg right as he is now;
but having detected hjmfc H in an error laft fcfiion, he- ougbt to
recollect that what has been may be again ; and howevtrfah.
guine the gentleman may now be, thatf he is right In the opinion
he has formed againft the merchants, let him remember that the
apoftle Paul, through his over zeal, thought he was doing God
fervice when he perfecuted the church of Chrift. I mention
thefe things to fhovv how liable mankind are to err, and how
careful we ought to be when deciding on caft% ol sxt at magni*
tude — we ought to di veil ourfelyes of all inttrefted motives, htar
patiently, and decide with candor. The tax of the planur ought
never to have been brought into this s debate. Thefe are con-
fiderations foreign from the. queftion before the Hcufe. Thcj
real qfueftion before the Houfe is, has the merchant violated tte ]
true fpirit and meaning of the laws of his country ? I wilh to be*
underftood as meaning thofe only who are American citizens . *
who imported only their own property— lor thofe I plead notgun*
ty. I will endeavor to (how that they are as innocent as the man
who killed his purfuer. As to a violation of the non-import*
tionjaw — if fucha law exifted — Sir, the nonimportation law
was made to injure England, and t<? compel her to do lis juiuce
without reforting to arms— it did not anfvver the purpot*-^
were obliged to declare war* and in the aft declaring war, l
am of opinion that the non-importation law was abfoibeoori
, merged. If fo, there can be no violation of a dead letter. l 0i
- import means to brine: in ; the law alluded to was made topre-,
veot,the bringing in Britifh manufactured goods. When you
declared war, every armed fliip, public and private, had a rignj
by the laws of war to bring in all kinds of goods manufafluteci
in Great Britain or her dependencies,' and unh Is you can Iho*
that the non-importation law is faved, by fome clauft* in the aa*
declaring war, it is fuperfeded — andiffo, the citizens have a
right by treaty to bring in their property for a givers time -after
the war. But, fir> 1 will confider the cafe itr another^point w
view— and if you pltafe,Tay the war did not do away the non*
importation law, which was as I have before obferved, tn^e t
injure England. Weuld (he be injured by buying her S^^i
and paying for them, and leaving them within her reach, fwy n J
might, after being once paid, feize them, and thus make 'a , «ou-
ble advaotage-*-certainly not. It would be more in con)pJ* anc ;

CONGRESSIONAL REPORTER. 67

wUh the fpirit of the non- importation law, to bring tfiem lofF,
an<^l in ftricl compliance with the laws of war. But it has been
faid the merchant broke or violated your laws, while in England.
Sir, a merchant from this country has a right, wheQ in England,
or any other country, to trade in any article o£ merchandize,
not contrary to the lavv of the nation with whom he refides — he
is without your jurifdi&ion, your law cannot reach him for any
thing done there untefs you prove the intention, that** he carries
it intt> effedl. Hence I conclude that a man, when he buys
goods, has as good a right, to (lore them ir> his Ihip, as in any
other place?— nor #11 either the purchafe or the putting them on
the fhip, in another country, prove t hat he had any intention to,
injure or violate the laws of his own country. All this might
be done with an intention to fend them to fome other place, and
; npt to come home. Or, having stock in England, he »chofe to
purchafe goods, ari9 lay them by, In order to he ready for the
firft market at home, when his country fhould admit them. In
all this, nobody w^ll pretend there is any violation of our lavv. It)
is the way in which he hasbeeti brought up, and which he fol-
lows for the fupport of his family. Having a quantity of goodi
on hand, he waits patiently for the time — at length it arrives—
* the orders in dfcincil are revoked — he now leaps for- Joy-yhCs
looksinto the non-importation law of the U.S. and by the 2d
sectionjie finds it enabled, '* that in cafe G. Britain (hall fo re-
voke or modify heredifts, as that they lhall ceafc to violate the
neutral commerce of the U. S. the Prefident of the U. S. (hall
declare the fafl by proclamation j and fych proclamation lhall
be admitted as evident?, and iio other evidence fhall be ad-
mitted of fuch revocation or modification, in any fuit or profe-
• cution which may be inftituted under the 4th fe£Hon of the a£l
to which this is a fupplement. And the reftridlions impofed, or
which may be impofed, by virtue of the faid a6t, (hall from the
date of fuch proclamation ceafe and be discontinued.' ,

By this fettiqn of the la w it is clear, that the^ Prefident was
expedied to revoke the law. The word fhaU\s imperative on
him. The law commands him to proclaim it, and Mr. Mon-
roe's letter of July 26th, 1811, to Mr. Fofter, fully proves the
Prefident intended fo to do. It cannot be mi£underitood, in
which he fays, " if Great Britain will ceafe to violate the neu-
tral rights of the United States, by revoking her orders in coun-
cil, on- which event alone the Prefident has the power, I am in-
ftrufled to inform you, that he will without delay exercife it by
I terminating the operation of this law.*' Sir, they were fo revo-
| ked, and flie did ceafe to violate our commerce ; but the
declaration of war prevented the Prefident from exercifing the
J power* had there been no other obftacles in the way. Sir, we
*rc to take mankind as we find them. JEvery man is not a law.
■ ycr, nor every merchant a ftatesman. A man who is continue
ally bufy in his mercantile afiairs, cannot be expected to un-

68 CONGRESSIONAL REPORTER.

dcrftand all the minute circamftances which may occur ; he un
der (fends the law juft'as it reads ; he knows nothing of the war
—and his realon tells him after looking into the 2d fe&ion allud-
ed to, and looking into Mr. Monroe's tetter, that before he
can poflibly get home with his goods, the non-importation^
law will be off- Notwithftandingali this burthen of proof in his 6^
vor, he goes to Mr. RufleO, and advifes with him ; he tells himl
to (hip his goods — that he has no doubt of the revocation of:
our law, by the Prefidcnt's proclamation, before they can pofli-
bly get home- And one other proof is given in their coming
with their goods, and delivering them to our officers, which in
my opinion, isas ftrong as any proof can be* in their favor— for \
no man in his right tniud would ft t out from England to brinrfl
all he was worth with hina, and deliver it here, if he expetVa
the government would take it from him. Is it poffible, that ■
with all this press of evidence, in favor of a revocation, that any
man could disbelieve it ? I think not. Ha* he not as ftrong
ground for his belief as the man had who killed his purfuer ? It J
was his belief that made it excufable in him. ^ Here then is the
evidence on which the merchant founded his opinion. You
cannot get clear of it. If then you believe he had juft ground'
on which to form fuch an opinion, it is your duty, aCling accor- J
ding to the true fpirit of the law, to excufe him. Should thede-
cifion be otherwife, I {hall be obliged in fpitc of myfelfc to
believe the merchants have not fo many friends in this Houfe as s
I thought they had. With me, it is impoffible— I never can :
content to condemn the innocent with the guilty— it is contrary j
both to the law of God and man. . , '

HOUSE OF REPRESENTATIVES. *

Friday, Dtc 4, 181* '
The Houfe having refumed the order of the day, it being the*
confideration of the report of the committeee of Ways and i
Means on the petition* of fundry merchants, praying a remiffion
of bonds, given for certain goods imported from Great Britain-
Mr. CHEVES rofe. He laid he never rofe to addrefsthe
Houfe with io much enr.barrafTment as at this time, I feel aiw* \
ious, faid he, on the fubje£l now before you : for the interdb j
of thofe wiio prefc nt themfelves as petitioners at your bar ; fa*
the principles of free government which I confider involved ,n j
the qtleftion to be decided ; for the fate of that party connexion t i
with which I am aflbciated ; and for the honor of government, I
which I would prt ferve inviolate. I believe, fir* that nQ Q ue ** J
tion has; ever been prefented to our confideration more extraor- \
dinary in its nature and more important in its confequences. K
hasjhone of thofe marked characterises which have heretofore
diftinguifhed legiflation. ; It is at once legiflation and avoiding
legiflation ; at once declining to exprefs the opinion of the Le-
giQature, and in effect delegating legiflative power to decide <#

CONGRESSIONAL REPORTER. 6©

queftion involving property to the amount of not lefs than, for-
f millions,' as I underjtand, faid he, it will be contended by
he gentleman from Pehnfylvania. It is not an ordinary a£l of
egiflation ; it is an experiment, new and before unheard-of. It
san experiment on free government — on the forbearance and
ftachment of a large clafsof the people. It is a queftion of
egiflation, and yet it is only .a reference to the Secretary of the
fieafury. The gentleman from Kentucky fays, with his efuai
airotte and candor, it is to allow the Secretary of the Treafury

exercife furr&ions on this important cafe, which he admits
were invefted in him fer minor purpofes. But is this power to
te exercHed by the^ Secretary according to his own judgment ?
So, fir, the gentleman tells you whhdut difguife, he has feciir.
t& his opinion ; he knows the fcourfe he* will purfue, and is
therefore in favor of a reference of die iubjefcl to him. It is
then an a^V of legislation we are called on to perform, anq yet
iocs vm prefent to the country the grounds on which we act.
bit not a new and extraordinary proportion, to delegate to an
Individual a great portion of legislative power— to put into his
fends the fete of a great portion of die papital of our merchants ?
Bas luch an ail of legislation ever before characterized a free

Eovemment ? I tremble for the c«nfequences which will follow
s adoptkm. It will (hake the party with which I am conned-
pd, from either extreme of the continent to its centre. It will
llienate a part of them ? it will (hew that a policy exifts adverfe
to their interefts, which firft made its appearance in exclufive
double duties, now in an exadiion of a part of the proceeds of
honorable enterprize, and I fear will be followed by other a6ls
of a fimilar kind. Sir, I repeat, I tremble for the confequences.
Gentlemen muft pardon me when I fay we are prone to a6te
Miich 4 *make the angels weep.*' How otherwife can we ac-
count for the courfe of policy which now prevails. Is it poffi-
Me,fir, that I, who reprefent perfons deeply interefted in the
commerce of this country, can content to unite in a deciiion of
Bus nature? Iwifti to expoftulate with gentlemen — to throw
toyfrlf into their confidence — to induce them to believe I am in
tarneft. I am, fir. If I hope for honor or reputation in public
life, I muft acquire it with thole who compofe the majority in
IhiaHoufe. Rjfc with them I may ; fall with them Imuft. I
N privileged then to expoftulate with them, and to fay that this ,
is one of the moft extraordinary a&s ever prelented to a legifla-
fivc body for its fan&ion.

i What is the ftate of the law in relation to tlie fubjeft before us ?
J* is alleged that the' Secretary df the Treafury hep full power
pver the fubjeft, and that the Legislature has not, and therefore
(ought to be referred to His cpnfideration. It is admitted that
jtorpowers extend to one moiety of the penalty : but it is fug-
Wted as doubtful whether they extend to the other. But, fir,

1 hare no doubt on the fubjeft, I have examined it } and from

70 CONGRESSlbNAL REPORTER.

the little knowledge I poflefs of the rules of conftru£tion, I fay
there is a power in the Legiflature to remit the whole. 1 fubmit
to thofe learned in the law if this be not the true conftrufUon. I
It is diftioguiftied from thofe cafes in which it is faicl the king
has not the power to remit. It is to be recovered for the United «
States in the names of their officers, and it is only in the event
of abfolute recovery that the property becomes fubj» 61 to the
provifiona of the aft. What doubt can there be on the fubject I
If then we poflefs the power to remit, as I believe we do, why
fliall w^ transfer it i But, if the power l^e not complete, what i
excufecan be found for delegating the portion of it which we
do poflefs ? If it be an act of. juftice to remit thefe penalties,
why put it in the power of any individual, however high his \
standing, to purfue a different courfe ? It is our duty not to com. ;
-tnit the rights of our conftituents * to any individual. I admit
the character of the officer, to whom it is propofcd to delegate
this power, to be as high and unexceptionable as that of any offi-
cer in the government. But, admitting this, \ fay it is a proftra- .
lion of the rights of our conftituents to fubmit them to his arbi-
tration. I (aw one of the petitioners when the report was m
ftated to him. His exclamation was, not " Am I to be fubject-
ed to thele penalties ?*' but 1 , V Am I to fuppliqate any individual
in the community for my juft rights V 3 Thefe feelings didhira
honor, fir : they ace fuch as the citizen ihoulcl feel ; but they,
are all proftrate, all forgotten m the proportion before you* ,

But it is said, there are a variety of cases, and it is impossible
the Legislature should deeide on them correctly ; and they m»st
therefore be referred t? this gentleman, the Secretary of thj
Treasury, who has the means and capacity to decide on them. I|
deny that he has. It i&a subject on which an act of grace ougfct*
to be passed by the Legislature* No human tribunal couW <w
justice by minute and particular discrimination to all concerned..
How is the Secretary of the Treasury more capable than thi*j
House? There are hundreds of cases. Is he to make a separate
decision on each ? to determine on the fraudulent and otbei^easfs,
and their relative merits ? Is he, in making such decisions,! re "i
ceive evidence ex parte or as a court of justice ? Incumbered a$i
he is by the other functions of his office, he must at last do wM
you must do, if he attempt to discriminate, adopt general p« BC1 '

Jles of discrimination — and will you declare yjourselves less <*apa-«
le than him thus to deeide ? A discrimination, such asiscontem%
plated by the report, cannot be earried into effect but iSy the ro« 8t j
humiliating compromize of justice on the 'pari, of the government^
of right on the part of the citizen. It must be a. matter of eon-j
jecture. It cannot be a decision founded on investigation and to*
dictates of reason. You gain nothing, therefore, by the prop***
reference. Bat it (is still said, as the cases of these petitioned
present several classes, }t to impossible for the Legislature to a**
criminate. I say it is quite possible, sir, to discriminate as far a *

CONGRESSIONAL REPORTER. 71

it js important to do so. It if possible to leave all the eases to the
decision of a judicial tribunal of the country, and for the Legisla-
ture to do what the Legislature of a free people ought to do — to
grant your suffering citizens an act of grace. It is in your power
to take such a course as shall distinguish between eases of your
town citizens and your enemies, and this will be done by the reso- m
lotion I shall propose if I have an opportunity of subuhttihg it, *
which is as follows :

- •* Resolved, On viewing all the facts which have been present-
•d, and considering them in connexion with the proper policy of a
jttstrfree, enlightened, and consequently lenient government, un-
der the circumstanced of this country at this crisis, that, in all
fair cases of bona fide American property, the penalties and for-
feitures incurred by the late importers of British manufactures
be unconditionally remitted/ 5 >

Do you, wish, sir, that tKose citizen* who fairly hold this prop-
erty should be mulcted for accidental violations of your law ? No -
man desires it* In the resolution, which I propose to offer, bona
fide American property will be exempted, and enemies' property,
shipped as such, will be liable to forfeiture according to the • law
of the land and the policy of the government ; and this is surely
the course which ought to be pursued.

The difficulties, then, which have been made to cover this ques-
tion disappear ; the advantages with which the course recom-
mended by the committee has been clothed appear not to exist;
and the real question before us is, whether we will sacrifice so
much of the property of our fellow citizens as is involved in this
decision, or whether we will, by an act of grace and liberality,
discharge them from their bonds.

In the examination of thia question, gentlemen have assailed
the testimony connected with this report. They have said it is the
testimony of interested persons ; that all interested persons are
casuists in their own eases ; and that the witnesses have been so
in the present ease. The moral honor or integrity of the witnes-
ses has nfrt been impeached. The gentleman from Kentucky,
with his characteristic liberality, has spared them such imputa-
tions, and though it was not more than justice to them, I thank
hhn for it. But is not this testimony such as is always received
by a legislative body ? The gentleman with an air of triumph al- '
luded to the testimouy taken before the House of Commons in re-
lation to the Orders in Council. Was that testimony takenwm
•ath ? I believe not, sir ; it was, too, the testimony of person sTas
the gentleman himself says, who saw roin staring them in the face,
praying relief. This is not, I hope, the case of the petitioners.
The Legislature, if it take any thing from them, it is proposed,
shall only take their extra profits ! They therefore speak less un-
der the influence of interest. than persons interested generally do*
No legislative examination ha9 heretofore presented itself to you

so fully entitled to belief. You have not merely the declaration*

/ \

72 CONGRESSIONAL REPORTER.

of the petitioners, but also the testimony of persons not interest-
ed, on oath, mod not on oath. Erery material fret is confirmed by
the testimony on oath of disinterested persons. You have seen on
yonr tables statements on oath of disinterested persons confirm-
ing in every particular the statement of the committee from New-
York ; others have been read to yon by your clerk. You have
seen from Baltimore and from Boston statements of disinterested
persons, affidavits and letters which carry on their face the evi-
dence, of indubitable truth, all confirming the statements of the
committees. I ask you» sir, what legislative testimony can be
stronger than this ? I ask, if the more absence of the form of
cross-examination is a sufficient ground for rejecting this testi-
mony ? I ad: you, whether that testimony whidn would consign a
man to the%allows, deprive him of life, liberty, property •and
character in a judicial decision, shal^ not hero be received in evi-
dence ? No member of the committee; who looked at the gentle-
jnen when they were testifying, could have doubted the general
correctness of the testimony. The persevering and ingenious ex-
amination of a member of that committee put them to the test.
If they bad been incorrect in their statements, the incorrectness
must have been detected. But, gentlemen say, there is some in-
consistency in their statements. Sir, no instance has ever come
within my observation, where a number of persons were examined,
but some diversity appeared in their statements. .It is not given
to human nature to be perfect. Let gentlemen examine the testi-
mony and they wiirfind no material variance* They may find,
or suppose they find, in some unimportant particular, a difference
of one and a half per cent-^-they may find some enumeration of
particulars which are not properly applicable to the cases before
ns, which is erroneous. But take the whole mass of testimony
together, and I pledge myself it is substantially without contra-
diction. Let those who doubt on this subject examine for them-
selves, ^and I have no doubt of their entire satisfaction at the result.
I say then, sir, that the mass of the testimony proves (hat the
great bulk of these goods belonged to bona fide American citizens,
and were ordered or purchased long before the revocation of the
Orders in Council j that they were also either paid for before
that time, or with money deposited in England before tbe revoca-
tion, and were shipped in pursuance of orders to ship when it
should be legal to do so, or were shipped by persons on the spot
who had no reason to doubt the legality of such shipments. It
has been proved, also, that tbe average sales were not mors
than 75 per cent, in advance of the prime cost. Let the members
of this House examine the facts. I pledge myself for the sub-
stantial accuracy of that statement, that the average advance on
these importations has notexeeeded 7£ percent. It will be found
that (he charges and duty frequently amount to from 60 to 65 per
cent, and, excluding some charges which are not invariably incur*
red, are from fifty to fifty-five per centum, giving a profit, ex-

CONGRESSIONAL REPORTER. • .|*

eluding charges not invariably intfurrod of fVoro twemy to
to twenty-five per cent, anil leaving a profit, over peace
times, ef from 5 to 10 per ceit. Gentlemen may Tmd particular
instances of greater profit, but they are counterpoised by sales %t
cost charges, and the result I do aver tq be as 1 have stated. And
if this be the ease, I contend that so many of the petitioners aft
are American 'citizens and bona fide proprietors of the goods are
men entitled to the humane interposition of the Legislature, and
that it will be worthy of this House to interpose in their behalf.

I will not further discuss the question of proof, except mere*
Jy4o advert to one or two particulars respecting wbieh softie ob-
servations fell from the gentleman from Kentucky yesterday.
Me said it was impossible for gentlemen unacquainted with mer-
cantile eoftteras to detect the errors of casuistry of gentleman
who were ; but, that if he could discover one error, it was fair to
infer there were others. If, sir, one Material error in these
statements could be discovered, it would be sufficient indeed to ex-
cite the suspicions of the House, but not to condemn the state-
ments whieh have been made, because all general statements must
eoptain some inaccuracies. The gentleman's rule therefore will
not bold. But if on the face of the testimony in which the gentle-
mau thinks be discovers errors, there is a refutation of, his sup-
posed discoveries ; what shall we say ? or if it will be found that
tlpe gentleman is as much wrong in one statement as he supposes
they are in another, will not the one error counterpoise the other,
and cancel the objection derived from it, even if proved ? 1 think
it will.

The committee (late the average of the lowed duties at 33 1-S
the higheft duties at 50 per cent. Now, fir, I date that the fev-
eral claffes of permanent peace duties ad valorem are 12 12,
15 or 20 per cent. A duly impofed as a war duty by an ait of
laft feffion doubles>thefe, and makes thcta therefore 25, 30 and
40 per cent. Add to thefe the Mediterranean duty of 2 1-2 per
cent, and they ftand at 27 1-2, 32 1-2 and 42 1-2 per cent.

In calculating thefe duties, according to the ufage of the
cuftom hQufe, the gentleman fays, thole at 12 12 give a refult of
32, thofe of 15 give a refult of 38, and thofe of 20 give a result of
49 1-2 on the prime cqft of the goods imported. I acknowl-
edge that the gentleman is corre6t in all thefe ftatcments. He
fays the ftatements of the merchants are inaccurate, inafmuch as
they fay that the loweft duty is 33 1-2 per cent. What cUSer-
ence then d®es he think he proves ? A difference of 1 13 per.
cent. If there bean error of this fmall anioutft, can it be fo mate-
rial to difcredit the whole mafs of teftimony received ? Admit
that all the teftimony difcovers no greater inaccuracy, would not
the mind of every man in the Hoirfe be fatisfied of the juftice of
the relief they claim ? If there be no greater difference in the
teftimony from the fa£t, than that fuppofed by the gentleman
between 33 1-3 and 32, then is the teftimeny fubftantially accu-

• \

>4 CONGRESSIONAL REPORTER.

rate. But the gentleman ismiftaken. Jfhe will look at the
report again, he will find it ftated that the average of the lowed
duties as calculated by the cuftom houfe is33 1*3per cent.
What, fir, is meant by the average of the lowed duties ? It is
not an average 0/ one! but :thc average of the low duties, as
difttinguifhedfrom the higheft duty. It is not therefore the law-
eft duty thatisfpokeriof, but the average of 12 1-2 and 15 per
cent duties. The average is therefore higher than the low-
eft duty. And my honorable friend, with his excellent untl r-
Jtanding, the accutends he has acquired at the bar, and the wif-
dom with which his experience in the Senate has graced the
whole, is entirely miftaken. My honorable friend is wrong in
his firft propofition. Is it not fair then to prefume he is ita others,
1 ^nd to excufe the petitioners for flight variations* when even he
has fallen into error ? The ohjeil of the committee of merchants
was to ftate, that there w/ere two great claflTes of duties ; that
the biglieft duty was 50, and the average of the lowrft duties- 33
1.3 per cent. It is admitted that they have erred in an unimpor-
tant fpecification of articles. It is not true, for inftance, that i-
ronmongery pays a duty of 50 per cent. It is true as the gentle.
man has ftated, that it pays. 37 or 38. But it is true that there
is a clafs of duties at 50 per cent, and that the loweft duties do
average 33 1-3.^ The refult of the average of equal quantities is
greater, but the refult of the average of a&ual importations will
place it precifely on the footing which the committee have
ftated. Take for inftance a particular year. Ifprak, like my
honorable friend, from the documents of the Treafury — In the *
year 1807 there were imported Roods to the amount of 36,260-
000 dollars, liable to a duty of \* 1*2 per cent ; in the fame year
9,480,000, leaving a duty of 15 per cent. The average of equal
quantities at thtfe duties, , as now encreafed, is 35 ; but in the
year ftated, about four-fifths were imported, payings peace du-
ty of 12 12 and one-fifth paying a like duty 15 per cent. Which
gives an average refult as the duties now ftand, of 53 13 per
cent as ftated by the^committee. If gentleman will minutely ex-
amine the fa£ts, they muft befrtisfi d, as I am, that every mate,
rial part of thellatements of the merchants is pra&ically correct.
The only error which the gentleman fromKentucky, has proved
namely, that certain articles enumerated by the committee, from
New York, do not bear a duty, as calculated auhe cuftom houfe
of 50 per cent, on the prime eoft, has no real ov praftical effett
on the queftion before you, to a material extent, becaufe the
goods imported confift almoft altogether of different articles^
There was no intertft and therefore could have been no inten-
tion to deceive*— there was , pra£l ically no deception, becaufe
the erroneous ftatement did mt affc£i the queftion.

In relation to the extra profits, which are made to form fo
important a part of this difcuffion, Jhe gentleman fays, that v ac
cording to a rule of lay, the large fl fum ihould be taken in ex-

CONGRESSIONAL REPORTER. 75

clufion of the average of the fums given— that the extraordinary
profits are admitted to be from 5 to 10 per cent, and that accor-
ding to rule alluded to, 10 per cent, is to be aflumtd as the extra
profit. Now, Ur, 1 cannot recolkfl any rule of law by which* the
gentleman is authorifed to atrume the largeftfum inftt ad of the <
average ft fu!t--the iaft I take to be the rule of law and the rule
of rcafon, likewise applicable to the qucftion — the extra profi^
would then be 7 1 % per cent.— this will be the extent of the
claim of the government if it infifron this part nerlhip in the pro-
fits. But while the higheft surri ftateel [by the merchants is as-
fumed inftead of the average refult, it is denied that even this
reaches the truth, and _it is alledged that thefe extra profits are
much greater But is this any thing but vague fuggeftion ? If I
were to enter into a minute examination of the evidence on
which we are :.6ting, I could prove that all the ftatements of
the merchants give this refult and confirm each other — For
example, they have ftcitcJ their former profits to have been from
10 to 15 per cent, and their profits on the late importations to be
from 15 to 20 per cent, giving a refult of from 5 to 10 per cent,
or an average of 7 1 2 per cent, as their extra profit. But you
are told that the merchants have derived an extraordinary profit
from the depreflion of bills of exchange on England. They tell
you that this is never brought into a calculation of profits -on
importation, and that in a given number of years it really yields
no profit -that there are inilances of exchange being as high
as 10 per cent, above par, arid that then no additions were made
to the ufual advance. But, fir, the profit on exchange, if a pro-
fit has bees enjoyedf has refulted frdm a diftinfl operation, has
been attended with the rifques of a diftinft operation, and ought
not to be amalgamated with the profits of importations, no oth-
erwife than accidentally connected with the aft of depofiting
money in England through the means of a profitable procefs of
exchange. But the gentleman fays, they get this profit in fa&,
and could not have realized it but through thefe importations,
and therefore it mull be brought into calculation. Without
admitting the correftnefs of this conclufion, let us fte what this v
advantage amounts to* Now the proportion is, that we Ihould
take the extra profits* But it appears that exchange had been
as low under common circymftances as 10 per cent and as the
claim is only to the extra profits, in other words the profits not
enjoyed in common times, our enquiry mull be, how much do
the late profits of exchange exceed 10 per cent. The evidence
before the Houfe fhews that exchange has varied during the pe-
riod of the reftriftion from 5 to 22 1-2 percent, aifcountand
gives an average of 13 3-4 ; and in corroboration of this reiult, a
very fenfible and candid letter, among the printed documents,
ftates this advantage to be about 14 per cent. The advantage
then beyond that of ordinary times is but 3 34 or 4 per cent.'
and combine this with the extraordinary advance obtained upon

kK'M

76 CONGRESSIONAL REPORTER.

the fales of goods /mported, and together they make but 11 per
cent ! And is it this for which the government is contending 2
I now am enabled to quit this fatiguing detajl, } and come to
^examine the fubjeft in a gdieral point of view*
m It is faid to be a violation of the reftrictive fyflem. My hon-
* orable friend from Kentucky fays, this is one of tile ftrpngeft
arms this country has. That this affertion is proved by the ex-
animations had before the Houfe of Commons ; and that this
meafure ought not to be relaxed or abandoned, which would be
done, he fays, by a remiflion. How i& the value of this fyftem
proved ? By diftrefs faid to have been, and which no doubt was,
experienced by the manufacturers in England. But although
particular manufa&urers afcr i be their fufferings to our mcafurcs
yet it ought not to be concluded that the general diftrefs refults
from this caule. It is disproved by circumftances. — Some
years age, when we imported more largely than we would do
now if no reltriftjoa cxifted, we took but one-fpurth of the grois
exports of Britifh manufactures, and we exported again, to
markets now fupplied by themfelyes, one- third of that fourth*
leaving but one fixth for our own consumption. Let me not be
imiunderitood. I do not deny that we are immrrifely valuable
cuftomers, and that our reftri&ive fyftem hag caufed her confid-
frable diftrefs, but I d^ny that it has caufed that over whelming
diftrefs, if fuch diftrefs exifts, which the gentleman has intima-
ted. If it does exift, it proceeds from other caufes. I contend
that we fuffl'r from this meafure a greater degree of diftrefs than
they do. — Our (uffering is greater and more fenfibly felt in the
lofs of revenue and in the lo£i of the affe&ions of our people, a
lofs infinitely more to be deprecated than the lofs of trade or
money. Who, fir, are the diftrtUH ih England, who are faid
to have become fuch from this meafure ? Some manufacturers*
an inconsiderable portion of the people. Who in this country ? All
persons engaged in or connected with commerce, a portion compa-
ratively infinitely more numerous. It has broken the spirit of the
country — it has rendered those most warmly attached to the gov-
ernment almost disaffected. There is one third of the people of
this country interested in commerce or closely and intimately
connected with it, who are totally opposed to this policy. If we
alienate from the Government of England, in her manufactures
one twentieth of the people of that country, we at the same time
alienate from Our own government one thiid of our own people. Itris
a policy, if it were generally correct, peculiarly inapplicable to
our people «nd government. The, question uader it is, who can
suffer most ? and here thank God they have the advantage of
us. They are accustomed to suffering, we are not — that govern-
ment has the power to inflict more from its natural vigor-^-we
have neither the power nor the disposition, I hope, to try our
strength in this way. There is no doubt, if we confine ,onr views
to the effects of this measure on England alone, that we will be

CONGRESSIONAL REPORTER.

convinced of its power and efficacy— there is nothing, of, which
so partial a view would not give a favorable impression. But if
there are advantages in the non-importation sygtejn on the one
hand, there are on the other greater disadvantages. It puts out
one eye of your enemy, it is true, but it puts out
both your own. It exhausts the purse ; it exhausts the spirit and
paraiiees the sword of the nation* But how did my honorable
friends treat this system at the last session of Congress? Did
they not themselves a^ree to . let in fifteen millions of value of
British manufacture to obtain five millions of revenue ? Whore
then* sir, was the policy of your restrictive system, when thesp
same gentlemen would have suspended it to gain so much reve-
nue? gentlemen then themselves gave up the system &yct they now
talk of the sacred character of thisjpoliey. It was given up on
the first day 'of the session* It was given up yesterday. It is
given up whenever you refuse to prohibit,exportations. It i* idle
to talk of 'free exportation and a prohibition of importation. How
else are your returns to be effected ?. The whole annual produce
'of the mines of Mexico and Peru, the whole specie , circulation of
Great Britain, would not furnish returns for the exportations of
this country for a single year of prosperity j and yet you talk of
unrestricted exportations and a prohibition of importations* Yes
sir, adhering to the latter policy, you have already twice or thrice
in this session said there shall be no more exportation law, and
you were right, because it was a system of self torture— it produ-
ces indeed an infliction of pain upon your enemy, which compar-
atively can scarcely be called considerable, whilst it throws your-
selves upon the rack of excruciating torment. But I ask again,
how can the policy of the restrictive system be spoken of in such
terms of approbation and admiration, when "gentlemen were not
only willing to give it up, but have actually given it up more than
once ? I am astonished at this incessant cry of the policy of the
restrictive system, and an inviolable adherence to it, when it has
been relaxed every year since its institution. It must be a most
extraordinary system. : Gentlemen treat it as some nations do
their idols. Sometimes they worship and sometimes they flog
them. So it is with my honorable friends who alternately vener-
ate and despoil this great system of policy. They were willing
to abandon it to raise a givftn revenue, and now that the revenue
has been obtained by an unintentional infraction of it they say it
is too saered to be touched with impunity. I never hear the word
restriction named in the hall of Congress without being alarmed.
If is greatly to be lamented, for the sake of the country, that this
subject is so frequently agitated. Now the fanner is threatened,
then the merchant. The country had not yet recovered from
the alarm which was caused by the resolution of the hon. gentle-
man from N. Hampshire (Mr. Harper,) to prohibit the exporta-
tion of the great productions of the soil : a resolution which, like
theeomet that lately visited our region, affrighted and dismay-;

78 CONGRESSIONAL^ REPORTER.

ed. the wondering people, bat which, **ke it, had passed away, we
hoped, not again to appear in our time, when the resolution of mj
hen. friend from Virginia (Mr. Newton) Nos. 1. 2, 3, 1 forgot
how many, followed in rapid succession, and, like the tail of that
great meteor, hung over us, giving signs of dire and ominous por-
tent. These to your farmers are as pernicious as the plagues of
Egypt. To your cities the proposition on your table is more ter-
rible thanthe pestilence with which they were not long since
smitten by the jmf^ment of God, inflicted in his wrath but bj
his justice ; which made the dwelling where health and joy, and
gladness and general prosperity, had blest the inhabitants* a char-
nel house, anJ sent forth " the frequent corpse? through the de-
serted streets, acoo'upanied by no living creature, save the patient
drudging animal which bore it r and the lone sexton who com owl ted
the dust' of the body to the repose of the tomb. Yes, sir, even this
was a more tolerable calamity to your eries, than would be that
plague upon, your table ! .

What ought to be the policy of a government like ours, at a

' crisis like the present,, when we should have but one heart and
one hand I Surely this is not the way to unite us. When, sir, you
wish me coming from the sea coast to saTute my fellow- citizen

. frotfi the west as a brother, do not present him to me in the char-
acter of one exacting from me harsh and unmerited penalties. In
spite of my perfect conviction of the benevolence and justice of
my honorable friend from Kentucky, I must consider them as harsh •
and unremitted penalties, though even by him inflicted. .

It is said, however, in support of (^^proposition on your tab%
that it is not unjust, that the merchants having gained this ex*
traordinary profit without the sanction of law, Should be compelled
to refund it. I have shewn you, sir, in the course of this exam-
* ination what that profit was; that from a fair and liberal con-
struction of the testimony it was but 7 1-2 per cent, and that to
this might be added 3 1-3 per cent, for the extraordinary gain
upon Bills of exchange. Now, sir, the policy which this govern-
ment has pursued has been so variable and at the^ame time so
destructive of the present operations of, commerce, as doubly to
*» distress the mercantile part of the communty, it has of course
distressed these petitioners ; it has tied up their hands for three
^years past while they have been obliged to keep up expensive es-
tablishments, not yet quite deserted by ihe hope of better times*
in expectation of some change ; and this profit of 11 percent.
which fortuue and not your wisdom or kindness has throwft in*%
their hands, you are called^upon to take from them. But have
they really-profited ? Will they be gainers or losers, in (he course
of their trade, in the event of your permitting them to retain rt J

^ They will be losers greatly if you relinquish the whole. And, sir,
•hall we take from them that pittance which not your good will but
fortune has given them — that which their spirit of adventure has j
given, them, and in obtaining which they were not cherished or
supported by you ?

CONGRESSIONAL REPORTER. f$

' But it is said, that though government should take this, * tho
consumer pays it and it will come fiotn the pockets of the coun-
try. My honorable friend from Kentucky stated a fact, I belief
from a document of the Treasury, of which I have nodoubt,that
/ two thirds of the people of this country are clothed in homespun.
And where ate those two-thirds. to be found ? on the margin of
the -sea shore or in the cities. No, sir, the other third who con-
sume foreign manufactures, live in cities, on the margin of the
Sea shore, and ps^K the whole. They pay the double duties and
the extra profit, and rcotthose out of whose pocket the gentle-
man would have you believe it comes. The consumer prays you
cot to inflict these penalties. Those who have paid it intreat you
\ mt to take this profit from the mereftants-^th6y say let them
I Itfcj) It — they deserve it. And will the government under such
cfrcu instances object? *

But, sir, does not justice require the remission of these bonds ?
These merchants have done what your policy failed to da. They
kave given you great advantages ; they have given you twenty
millions of capital, whielj will probably be loaned to the govern-
. ment if applied for in a proper way ; they have given you five
• millions of revenue, winch is already secured to the government ;
/ and they have given you clothing for your army in spite *of your-
selves. Shall they then, after having incurred great risks in do-
ing all these things which are ^o advantageous to the country,
Hve fines inflicted on them for what they have done ? The propo-
f^pn is unreasonable. t Would gentlemen wish that the Treasu-
| ry should not have been filled— that the capital of the country
should not have been brought home ? That the army should not
have been clothed ? Surely not. And under what circumstances
were these importations made ? Under the sanction of government ;
under its advice as far a? it was possible to obtain it. You are
told by the minister of your country, our resident in England, that
ho did advise the merchants to make these shipments. Now, I
beseech ^ou, sir, put yourself in the situation in which these per-
sons were placed. Residing in a strange land, who would you ask
to construe the laws of your eountry ? The confidential agent, tha
worthy representative of that country, the. man who has done
honor to himself and to it by his conduct — He advised them to
import — and why ? Jptecause he believed that in so doing he was
eo-operating with the great policy of the country. He pd vised
the shipment. What is requisite to be known to establish the in-
noeehce of this transaction ? That the merchants shipped under
the impression that the law of non-importation would be repeal-
ed. Such was the impression of the agent of the government.
Was the merchant whose information is necessarily circumscrib-
ed and whose daily drudging fills up thfeincasure of his lime, to
set himself up in opposition to the confidential and well informed
minister of the government ? The important faet that the mer-
chants shipped under the impression of the legality of sucji ship?

¥j congressional reporter.

k -r.:? i*ftnh<T r*oT*<i t* tml Tk» li~it.iie of the letter ef
31;% M';--?ve to 31 r. Iii--<ii anade t^e eonuaaanee of the DM*
kb«crr^'l i a*t »_>.>. oependaat oa the deration of the Orders
i* Count'.', a ~i :**•;<:* tL*t it w ill be imairfdiately suspended on
the rri x.'i 3 *r neee^iry nscihlcaiioa of the Orders in Coun-
cil- Lit u»atia not all. sir. Who are the memorialists ? Per-
sia* who re?: Jc in tl*i» country, who gave orders not to have their
goods shipped fiu ft should U kgal to doso. Bat their agents in
England hare been mistakes. T&fr?e who supplicate job for a
im;-? ; 'a of these forfehareo never contemplated a violation of
law. 1 bey are catirerr free from every kind of i imputation: of in-
tent? *n to violate either the letter or the spirit of the non-impsr-
tation act. Those who ate to svftr dk! sot direct and eould not
ooatroi the act lor which they are testifier.

But it is said there are several classes of petitioners, and that,
though soaie may he innocent, all are not equally free from im-
putation ; that some of them shipped after the declaration of
war was known. Well, sir, if we take the testimony of Mr. Rus-
sell, they are equally exeuseable with others. He did also ad-
vise shipments at that time. It would have been ruinous to the
proprietors to have detained them ; it would have deprived the
nation of twentj millions of capital ; it would have deprived yon
of live millions of revenue ; it would have deprived yoa of supplies
of clothing for your army. Was not the advice of Mr. Kussell
correct 2 Would you not to-morrow grant permission to bring
home so much property so situated, if it eould yield equal advant*
ages ? You would indeed practice a most extraordinary policy if
you did not. You would to-morrow authorise /the act — and yet
you would inflict a penalty for an act whieh you could not refuse
to sanction* What would have been' the ease with this property
had it been suffered to remain in England till the termination of
the war ? Do gentlemen expect the war to terminate to-morrow ?
No, sir* It will continue for years. I fear, if it continue till the
principles for which it was commenced be obtained* The. most
conciliatory propositions have been rejected ; we have nothing -to
hope on the ground of a speedy peace. Then*, sir, why will J *
make a distinction between the diffei'ent classes of shippers ? The
one shipped, believing the aet not forbidden by the laws or pol-
icy of the government in a fair and honorable pursuit of gain*
the other under the belief that it was the duty and the disposition
of the government not to inflict on them tne penalties of a 1**
which certainly in its origin did not contemplate sueh a case, ^^
a view to save their property from inevitable destruction* &&*
themselves from probable ruin. It is also attempted to discriminate

by the periods of purchase, between those purchases which were
made before and those made after the revocation of the British •*-
derm and the first are considered as the favored class : but whJ
vhould they be so considered? The first purchased at a time when
the shipment was forbidden, and known to them to be forbidde*

CONGRESSIONAL REPORTER. 8i

with the hope of a* change, from change of policy or an accom-
modation of tU^ 4ifR k rene«s between the nations ; the last under
\ a belief that the Jaws of their country did not forbid them to ship
them immediately. They have equally violated the letter of the
law, and are equally innocent of an intentional violation of Its
spirit. But those wh& purchased after the revocation, believ-
ed that in the purchase as well as the shipment there was no
law of their country which denied them the full advantage
•of the speculation in which they were 4 about to engage—
If then you discriminate at all, it must be in favor of those whom
gpntlemen, from their arguments seem least disposed to relieve.
But they are all in effect on a footing; because all stand on afoot 4
, in^ of perfect equity, and an, attempt to discriminate would be re*
pugnaiit to that equity.

cut it is contended, that this is a case in which it is right to aid
the revenue of the country hy taking a portion of the profit of
• the merchants* J say, sir, if it were just, it would be impolitic, be-
cause you would not thereby in fact increase the firianeical means
of the country. It is a dangerous experiment in finance, as veil
> as in legislation. You open a source of revenue, indeed, but it is
•ne which only drips and is drained in a moment, and you close
j the great fountains of resource and stop the free streams of per-
ennial supply. Shew to the commercial part of your people that
1 they a re not regarded in a less favorable view than the rest of the
\ nation, and they will supply the revenues you want^ by lending you
| their wealth ; but if you exact from them their little gains, will
they assist you 1 No, sir, they will not.

Wiat is the real advantage we are to promise ourselves from this
new operation of Finance ? The government* it is proposed,
shook! get perhaps 11 per cent, on the amount of bona fide Amer-
ican property imported~say that the whole amount of property
of this character is 18 millions as some have supposed, and it will
give you only two millions of dollars. Take the argument of gen-
: tlemen who endeavor to prove that not the half of this amount is
American property, and these are the arguments of those who'
propose this financial expedient, and it will put but one million in-
to yoar treasury, whilst it will withdraw from you the confidence
^f the only class of people to whom you can look for money to ear-
1 ty on the war. Can there beany equivalent in one or two mill-
ions of dollars to counterbalance this loss ? And here let me say
while using this language of the treasury, that, I trust in God, no
' man who may be thus consigned by this House to the Secretary
tf the Treasury to await his decision and to supplicate his elem-
i **ty, will so far forget what he owes to his own tfrie interest and
to his character as a free citizen, as to give any equivalent for
that sum of money which may be^demanded as the government's
'hare of the profit. I would rather see the objects of the war fail
—I would rather see the seamen of the country impressed on the
*eean and our commerce swej^t from its bosom, than see the long
Vol, IL— -No. 6. - deiatm.

CONGRESSIONAL REPORTER.

arm, of thp Treasury indirectly thrust into the packets of the citi-
zen through the medium of a pYnallaw.;^*^ lMght suffer ail
these disasters and otir civil liberties woulcf ^c't^tJc -safe* That
principle of our government would still be preserved, whidh sub-
jects the purse of the, citizen to no authority but a knv so plain
that he who runs may read- How are the exigencies of the gov-
ernment for the next year to be supplied 2 That portion of them
which is* provided is rather the result of accident than , forecast
Is the deficiency to be derived from taxes ? No: I will tell geft- i
tlemen who are opposed to them, for their comfort, that there ^
will be no taxes imposed for the next year ! It was said last ses-
sion, that you would have time to lay them at this sessioti, but I
then said it was a mistake. You now find this to be the fact. By
your indecision then, when the country was convinced they were
necessary, you have set the minds of the people against taxes.-—
But were it otherwise, you have not time now to lay them fbrihe
next year. What ought to be our course under these circumstan-
ces? Accident; having thrown five millions of dollars into the
Treasury,.has supplied the place, ami precluded the necessity of
taxes for the ensuing year. It has furnished a basis of credit, awl .
the balance must be supplied by loans. We should now by ah act
of grace, conciliate those who have money to lend. But it is said .,
we cannot conciliate them. I do not mean by conciliation an en- '
deavor to induce those who are opposed to the party in power t»
abandon their political opposition. I rtiean only to conciliate them
so far as to make them see and feel that the. government feels ten-
derly for their interests — that they are equally favored and pro-
tected. So much is recommended by our best policy, while His
the just claim of political opponents as well as political friends in
a free government. The Treasury may be supplied by acquiring i
their confidence without their political support and co-operation.
I only say we must not disgust the monied interest of the ccun- ;
try, No government like ours can support a war by direct impo-
sitions or any other revenue raised within the year. It must re-
ly on its credit for a great portion of the ways and means of car-
rying on a war. This is the theory on which it was prbptsed to \
act the last year. This is the theory on which the war was com-J
menced. The great source from which yon must draw is tke '1
commercial wealth of the country. And yet you are called upon
to shut up and choak the channels through which alone it can
flow into your hands. This wonld be, a* it were, to bank in the
periodical floods of the Nile, and would to God it were as little
practicable, ana* prevent them from spreading their fertilizing
qualities and making their precious deposits on the adjacent lauds.
Commerce and agriculture may be aptly compared, said Mr. C.
to this noble river and its floods. The last, like commerce,
would not indeed exist, without the mighty stream, the symbol of
agriculture, which flows silently and majestically within its banks
But this great river which in song and story has, in the naked*
Bess of truth, exhibited more splendor than fable and fancy couM

CONGRESSIONAL REPORTER. 83

have lent without these attendants, would have descended to the
otjcao " unhonored and unsung/' Memphis and Thebes would
not have been, and even the starry heavens, beaming only on the
torporca], would long have given no light, and afforded no charm
to the mental eye. So no cause has contributed so much to the
civilization of man, and the improvement of every art and every
science, as commerce. Without commerce, we should be simple
shepherds or barbarian hordes. I deny not, said Mr. C. the vir-
tues of the agricultural istsj they are generally perhaps greater
than those of any other class of society. .But the mercantile peo-
ple of this our own country, are inferior to no set of people pn
tarth— they carried into effect your embargo, notwithstanding its
occasional violations by some unprincipled men, with more vigor
and strictness than all the douaniers of France or all the navy of
Great Britain could have done in any other country* Such 4s thfc
character of your merchants ; hut if you inflict penalties on these
men who have refused to violate your, laws and become smugglers,
you will put them out of the commerce of the country, and those
profligate men who are ready to violate every law you may
» enact, and who disregard every obligation of morality or religion,
will supersede them. The general policy of every free governt-
ment as well &s the particular circumstances and policy of our
own forbids; the course proposed to be pursued* Tho general
practice & experience of free governments discountenance it,-Can
gfcntlemen point to any thing li£e it iuthe history of ( free govern-
acnts— I know there arc examples, but I find them in the histo-
ry of tyrants and of arbitrary governments. 1 And ihem in the
history of Henry VII. and in that of his celebrated agents Emp-
$011 and Dudley— yetin an arbitrary government they were given
up to the indignation of an injnred people, and history has execrat-
ed the acts as peculiarly abominable even in the conduct of a ty-
rant. L#t gentlemen, discriminate between, the cases if they
can. In either case the law has an operation which the Legisla-
ture never intended — in either ease the TPreasury is to be filled.—
But say, if you please, that this is a doubtful case— that it is opt
Assuredly elear that these penalties ought to he inflicted, what
•nght to* be our course 2 To demand or exact any thing in $ doubt-
ful case ? No, sir, because the Legislature of a free government
has no right to act on doubtful principles. Few men witf have
eonfidcRce enough to deny that this is at least a very doubtful
> question on the part of thosye who would inflict the penalties — it
would he so from; its novelty, alone. Sound policy then would re-
commend an aet of grace. % * . /

I will add one word -mote, on the subject of commerce, rather
<Mt of place. One . of the most distinguished kings of England,
*ho9e reign exhibits the greatest exploits in the history of that na-
tion, among which are numbered the achievements of Cressy and
Poictiers, Edward the Third, was believed by the good people of
Ws realm to havo discovered the art of making gold ; for it was to
»ftcin otherwise inconceivable how he supplied hio treasury.., Hi

U " CONGRESSIONAL REPORTER.

raised armies, equipped fleets, gained mighty victories, conquered
kingdoms* and spent vast sums on internal improvements— siwh
demands it was thought the art of making gold alone coyM supply*
The historian says no—he cherished commerce !

Mr. ROBERTS next took the floor. lie observed, he might
With great truth state that he felt equal embarrassment in rising
on thii question with the gentleman just sat down (Mr* Cheves.)
To the considerations occasioning that gentleman's embarrass-
ment, he felt superadded the duty of touching points, and possi-
bly feelings, that nothing but a sense -of duty could induce him to
attempt. This duty the gentleman (Mr. Cheves) had nufdc, if
possible, more imperative, by applying observations to former con-
gresses, as well as to those who may incline to adopt the report*
which, while he should repel with regret, he hoped to meet with \
firmness.

The argument, Mr. R. said, had already taken a wide range.

The resolution, though simple in its principles, is shrouded dad
ohsoured by a train of documents couched iu technical o!>scority f
and resting on very unsatisfactory foundations. The gentlemen, (
he observed, who had preceded him against the report, had notj
very successfully dissipated this perplexity. It has become «spey
eially neeessary to sink down to first principles, to apply the pick*
axe to clear away the rubbish, and to tear the veil of technical
mystery from this, he readily admitted, important question. It
is, said Mr. R. an enquiry which I freely confess but a few days
ago I was little conversant with ; some members of this commit-
tee may very possibly have entered on the deliberation without
an intimate acquaintance with it also. His olyect was, he said,
to familiarize the committee of the whole with what the select com-
mittee had in a degree become familiar with, rather than to at-
tempt to place the subject in any new or imposing attitude. My
hon. IViend from New- York, (Mr* Mitchell) said Mr- R. yejste^-
day told you, Mr. Glmirman, that this was an affair of bonds-
mortgaged, and that he would not take the pound of flesh Sbyloek
like. I must beg leave to differ from the gentleman ; I do not
consider it an affair of bonds, nor do I want the pound of flesh.
The ease is not one of contract— far different is its character: it '
is an infringement of penal law. The party for whom the gen-
- tleman<(Mr. Cheeves) invokes your compassion and in treats your
grace as suffering citizens, stand before you confessed the volun-
tary violators of your penal laws. They come net to ask cancel-
men t of their obligations as legitimate bondsmen, pleading a set ,
off against their conditions. Their tiue charaeter is tliat ofeon-
fessed violators of the laws, praying a remission of penalties in-
eurred by infracting then}, wishing to offer extenuating evidence.
This committee, said Mr, R. are not sitting here as parties to a \
bond "or a mortgage, but afc a high tribunal ; who, if they aet at
all, ought to aet wifh special regard for the good of the great
community, as well as individual right and interest. They ought
to weigh with solemn deliberation the high and responsible ua-

CONCESSIONAL BEPORTER.

fere of their duty. They ought to decide, unaw-ed by fear, uh-
nasscd by compassion, and uninfluenced by any consideration*
rot those pertaining to immutable justiee. Need I remind you,
Mr. Chairman, said Mr. R. that the statute broken was the de-
liberate, the legitimate act of the representatives of a free and
enlightened people. It "was a law not hastily adopted — a law rat*
ificd and confirmed by the approving Voice of a great majority of
the citizens— a law persisted in by a subsequent legislature*— nay*
almost re-enacted by them— designed to effect a great national
benefit ; to give us what is so much desired by the gentleman
From South Carolina, (Mr. Cheeves) sa much desired by us all,
a free, unrestricted and prosperous commerce ; a thriving agri-
culture, and the unlimited exercise of our national rights. Is the
execution of such a law to be held up to scorn and opprobrium
by an invidious comparison with the capricious^ the wicked, the
arbitrary exactions, of one of the meanest and niost odious of the

? rants that have occupied the English throne ? Is the Tenth
on^ress to be ranked with the covetous and rapaeious Harry
the 7 th ? 'Or, are there any within these walls meriting to be
likened unto the Empsons and the Dudleys, the execrable pand-
tn of his avarice ? The gentleman's zeal must have overcome
Tris usual liberality. My esteem for him will not allow me to
think but that, upon reflection, he will be disposed to retract this
^warrantable imputation. A Congress of the United States to
be charged with compounding penalties to feed the public avarice,
Tike the fell instruments which the 7th Harry found within the
purlieus of the bar ! The idea is impossible !

The nonimportation act and its supplements, (I repeat it, said
Jlr. R.) were designed to effect a great public good. ./The pen-
alties were provided to prevent crime — not to raise revenue. The
peat end of all penal sanctions is to destroy the motive that would
l&d to the ineurment of these penalties. ^ Let us beware how-we
vhet that motive byan indulgent interference, alike forbidden by
tbe great principles of public policy, the settled principles of law
and even equity itself. If in a single ease the law had been
broken, no one would have Invoked your grace for the delinquent.
Can extent of infraction heighten the claim to your liberality?
Too much importance has been given to the number, wealth and
usefulness of the importers. I am willing, said Mr. R. to allow
*iem their full merit. I feci no hostility to them, more than I
6m fear their resentment if justice be done to the nation. Those
'*hs have appeared for the importers, admit that the export and
Import trade are not in the same hands — and, that the sale of
laports is again divided between the jobbers and the retailer* ;
*o that really the importers form a much more inconsiderable
Wion of the people than Jhe gentleman from S. C. asserts they
&. But, admitting they form one-third of our population, how
ijtoi it alter the question i One-third of the people may have an
kterest in violating the laws ; two thirds may have an interest

-»- • -i*. '■* . _ > ** *■-.-. --I

86 CONGRESSIONAL REPORTER.

in their being regarded — Whose interest in this case ought to
yield ? I hope, said Mr. B* the committee cannot be influenced
by such argument, though imposed with all the graces of eloau
tion. The committee stand charged with the conversation of the
publie rights and the public interests on the one hand, and with
the dispensation of publie mercy on the other* To do justice is
a delicate task, but happily not a difficult one. All that is neces-
sary for the present, is to let the law be administered according
to its original intendment.

Mp. R. said he had . endeavored to shew, that if we aet at all,
we are not called upon to decide a question of bonds. The bomb'
are involved, and it niay be well to inquire whence they originat-
ed. The importers have derived a benefit from them which tliey
could not have done if the law had been dulv executed. " All
the prohibited merchandize" (says the. Secretary of the Treasury,
i:i his letter to the ehairman of the committee of Ways and
Means) " restored to claimants, has been so restored by order of
court without any other interference but a forced acquiescence
on the part of the executive officers." Among the printed dpcu-i
incuts will be found a circular letter from the Comptroller of the
Treasnrv, addressed to the several district attornies, dated thr*
fifteenth of May last, instructing them " to oppose every motion.;
for the restoration to the claimants of prohibited merchandize
under seizure.'' -Mr. R. said he recurred to this paper with
much gratification, as the soundness of the argument and perspi-
cuity of the style — are as creditable evidence of the talents of*
friend he very much respected and esteemed, as the promptitude
with which this arduous duty was discharged is honorable to lus
official character. We may well stop to. inquire if the judges
have undertaken to legislate in this case. * The powers they
sometimes exercise in the administration of civil- jurisprudence
are equivalent to legislation, arid no small portion of our munici-
pal code is thence derived. All thoughtful and observant men
must have looked on this stretch of judicial authority with seri-
ous concern, but we had yet to learn that any judge )eouW be
found bold enough to wrest penal legftlatiou out of the bauds of
the constitutional authority. But of this we can better judge
when we shall have read the letter. I crave the special attention
of the committed to its contents —

[Here Mr. R. read and commented on the letter recurring to
the law as illustrative of it.] .

Thus, then, (he continued) either by a inal-admluistration of
the law or by a mistake of its meaning in the face of positive UK
struetions from the law officer of the Treasury, riot more worw
of respect from their emanating from such authority than for tl*
conclusive reasoning accompanying them, some of the distrp
judges went on to restore the seized merchandize, thereby *j
straying the penal operation of the law to a high degree, «"J
benefiting the importers hy restoring to them not only ft cir vc *

x • 1

CONGRESSIONAL REPORTER. 87

ed capital, but even goods on British account to an immense a- '
mount. It put beside this, into their hands, exorbitant profits in
addition to all. Thus originated the bonds, and thus have they
already benefited the importers ; and yet this is not enough, the
bonds must too be cancelled and an act of indemnity passed not
more to glut the avarice of the importer than to cover the judges
from censure and amenability. So far from the intervention of
the bonds having made the matter less serious, as my friend from
N. Y. (Mr. Mitchill) supposes, from the manner of their origina-
tion they present Insuperable obstacles to a remission of the pen*
' attics. Gentlemen may say if the bonds are unlawfully taken
thev are not recoverable. With this, said Mr. R. I do not tfcou-
We myself; if it be so we may hope there is too much integrity
' in this committee to indemnify such inequality. The gentleman
from South Carolina (Mr. Cheves) has dwelt w^th peculiar em-
phasis on the , circumstance that some of the select committee (
who are disinclined to remission, were at the last session for sus-
pending this law. I, said Mr. R. was one of those who voted for
i its suspension ; I have to plead error of judgment for so doing to
!' the nation. I afterwards felt happy in having it in my power to
I vote against the reconsideration of the question to suspend.' I
was then led into error by listening to such arguments as are now
offered in favor of a Remission of the penalties since accrued un-
der that law. Experience oi,*»Iit to learn us to estimate them
better. Ttfe were then told, as we are still, our restrictive laws
were inoperative on the enemy ; that they were destroying our
own prosperity uselessly ; and that they were demoralising our
people by the temptations they held out to fraud, and that an im-
i mensc amount of American capital could only (hus return home.
The pretended revocation of the orders in council and the subse-
quent shipments prove all these assertions to have been egregious
errors. I am confident that a remission of the penalties incurred
V the importers of British merchandize, a9 gentlemen wish,
would be even a greater error ttyan a repeal or suspension of the
act at the last session. Under such a state of things the country
;■ would have been in a better state than it will be if we now remit.
There would have been a full importation ; there had then been
no monopoly, no extortion of millions from eur consuming popu-
lation. The gentleman from South Carolina 1ms appealed more
\ to the passions of this committee than to their sense of duty.
He proclaims the report novel in legislation, but he has not at-
tempted to prove it by fair deduction And reasonable argument.
For the legislature to step In and to wrest the administration of
the laws out of the hands of the judicial tribunals would not be a
novelty only, but it would be to sap all confidence in the stability
and Justice of the government. s

Ail that is contemplated by the report is to secure the adminis-
tration of the laws from interruption. If there be any thing for
Congress to do, it must be after the executive and judicial branch-

CONGRESSIONAL REPORTER.

es of the government shall have executed the law. The gentle-
man says with great emotion, that he trembles for the consequen-
ces if we do not, by an act of more than doubtful propriety as ta
{trinciple, and most clearly unjust in its effects, indemnify the vio-
ators of the laws. The cause of his fears lies in the wealth, in
the number, the weight of the importers. IT, sir, the mercantile
class of our citizens, if ap inconsiderable section of that class ean
drive the supreme legislative authority wjth fear and trembling
to suspend tne laws, and vote extorted millions into their pock-
ets, then we may all, to use the gentleman s language, tremble "
for the fate of the nation. Happily, however, we cannot fear
this— our government is representative. Its foundations are laid
in the happiness, and its superstructure is supported by the affec-
tions of the people. Every class and every interest of the citizens
ean have redress of grievances, but none will be allowed to teyer
above the law or to eoerce the legislative authority by threats
xlnd mandates, while sacred justice and the settled principles of
government lie prostrate. The gentleman from South Caroliim ,
(Mr. Cheves) commenced his observations like a skilful, orator,
however he may have failed to sustain them as a sound logician.
He came to the debate with Lis feelings warmed, he seized the '■
point best calculated to secure attention. The novel, the immense,
the dangerous powers the report would leave in the hands of the
Secretary of the Treasury, has b^n spoken of with concern and
alarm, if not with horror. A citizen has Ijeen painted suing and
supplicating one of your officers in despite of his pride.. The
person of the officer is artfully made to put the majesty of the
law out of sight, when in fact all the powers given by the law to
the Secret* ry of the Treasury have the character of mercy. If
used at all, they must be used to soften the judgment of the courts
of law, and when used the legislature may on all occasions seper- j
vise and extend them if necessary*

JMr. R. faid it was only left for him to glean this field, as h» [
friend from Kentucky (Johnfon) had already reaped it with the
hand of a mafter. The gentleman from S C. (Cfeeves) has
fooken of the amount of property involved in this queftion. He
ftau d it corrc&ly at near 2540,000,000, including coft, charges^ j
and profits. Tfie fec'y of the treafury gives the prime colt ot j
the late importations as returned to his office v a part of which is
pn eitimate, to be 4,000,000 1. fterling, which is to fay in round
numbers 818,000,000 5 the charges on which are 50 per cent
and the whole profits more. I mention this fum, faid M» R» t0
prefenta whole viqwof the fubjett. ^Vmount cannot ah<r the
principle before us ; but the prime coft is not half the value of
the goods whicliby law have b^en forfeited to the government.
Through the instrumentality of the courts* by means of the
bonds, the forfeitures have been more than half given up ; the
only remedy for which* if it were proper not to mitigate, would
be a recovery of the treble damages provided in the law. The :

CONGRESSIONAL ntEl'ORTER. €9

oil acid charge* «n the late importations will be found toraife
lie amount to 827,G0©tfKX) i on* which if 50 per cent, extra
>rofits he aficfled and given up to the violaters of the law, we
nay form fome cftiraate of the benefits derived to the enemy, &
Uo(e_\vho have dealt with them- The importations are divid-
ed by theft-C*y of the t^eafury into five claffes; the amount of
»ach of which feparatcly it is difficult to afcertaln. It has been
argued by the gentleman from 3. C. (Cheves) that the great
mafs are of tht firft and nioftinnocent clafs. When I come to
that partiofthefubje&.I fhall draw different conClufions.My con-
vitlions are that the three claffts inverted oh American aqcount,
fubfc quently to the re vocation of the orders in council, are much
the moft considerable, and indeed that a great amount, if not the
greater, arrived in the U. States, really Britifh property [and on
Britifb plk. The profits of the importers or the coverersof
Bri ti I h property over importations in times of peace, cannot be
lefs than $9 000,000. Takiftg* the; ftaternents of average Tales
from intertft d foiirces, we get this refult* and many reafons
exift to ihow it is even more. Give the gentleman from S- C.
( Cheves) hisftatement that the importers form one third of the
people % and why fhould Congrefs vote them a bonus of from 9 to
16,000,T)"00 dollars, extorted by monopoly from the confumer.
>iot furely becaufe they have'voluntarily broke the law and re-
lieved the enemy. ^

It has been pretended by thofe who have preceded me, that
agriculture and commerce are mutually dependent. Generally
they aie ; but if in a time of common privation, the bonus of
an odious monopoly is about to be voted to a fe£Uon of mer-
chants out of the pockets of the other clafles of fociety, a con-
fli&ion of intereft arifes. Such an one exifts, to an aggravated
degree, in this cafe. The relief given thro* thefe importation*
to the enemy, muft prolong the war. Revenue is the finew of
war ; and to force the confumer to pay firft enormous profits
to monopolies, and then to require-him to pay his full propor-
tion of war taxes, is too great a departure from juftice, Jo be tol-
erated for a moment. The interefts of the many muft ever be
regarded in preference to thofe of the few. Here then we have
many millions of forfeitures, that juftice to the community will
not allow to be wholly remitted, and in which even the gentle*
man from South Carblina admits Congrefe cannot interfere ex-
cept through the intervention of the Sec'y of the Treafury. Yet
an unaftfwerable diftruft produces in him a fearful anxiety. In
Ms trepidation he would break in upon the fettled admjniftra-
tion of Jaw— the ftable principles of government. He would
wn-ft fuitsout of the hands of the judicial tribunals and give them
*ith the exercile of the prerogative of the Executive to Coi .•
Srefs. In the clafses of importations there are circumftances at-
toched that would juftify mitigation in fome cafes more than
others. The mitigating and remitting power, left where the

90 CONGRESSIONAL REPORTER.

law has placed it, can be equitably applied. The officer can call
for and examine the beft evidence ; he can refer to original pa-
pers ; compare dates, and defeat frauds. Gentlemen do not
pretend congrefs can do this. But they would remit all under
the great head of American property ; the reft, it is to be prefu-
med> they would confiscate. They have however given pretty
firong evidence that on their plan they would find little Bririth
property* The bonds have put all into American hands, and
from the confidence the gentlemen from South Carolina (Mi'.
Cheves) has placed in the allegations of the importers, we may
discover his impreflions. I do not well comprehend how he is
to arrange the detail of his law. Some tribunal muft invefti-
gate the character of the merchandise, and would not the gen-
tleman view with equal fenfibility the fame powers exercifed
fomewhere that the law at prefent contemplates ? At leaft there
is little difference between us as to the principle and adminiftra-
tion of the law» We are all for allowing a qualified remiflion*
To obtain that, the parties muft be brought before fome author-
ity. The gentlemen from New-York and S. Carolina are ready
to remit much further than we think juftice to the community
will allow. Extraordinary profits can be claimed on no colora
ble ground growing out of the infraction of a law calculated to
rcdrefs the injuries of the nation, the policy of which has thereby
been very much fetafide- The law was produced by a fyftem of
fpoliation and piracy on our lawful commerce^ and violence
dope to our rights, which ,had long been obftinateiy purfued by
the Britiih government. Her power to'wrong and annoy us
grew out of a moft profperous commerce— that commerce was
bottomed en a moft extenfive and fuccefeful fyftem of manufiift-
ures. When (he had turned a deaf ear to pur diplomatic ap-
peals to her juftice, it became neceffary for us to appeal to her
interefts. Thefe laft appeals have at length refulted in war-
The efficacy of thofe firft adopted, of a pacific chara&er, .are
however no way dimintfhed. It is well known, that the finews
of our enemy's ftren^th lie in her manufacturing ingenuity and
induftry, and that fhe can be made to feel the weight ofourjuft
vengeance only on her counters. The profits derived from a
partial furrender of the non -importation policy cannot juftly be
given up to the violaters of the laws ; but they ought to be ap*
plied to ftrengthen the belligerent appeals ol this nation to Brit-
iih interefts to procure a fpeedy and honorable peace.

Saturday* December 5.

The Hpufe having again refolved itfelf into a committee of the
whole on the report of the committee of Ways and Means on
the petitions of the merchants for a remiflion of their bonds,

Mr. ROBERTS (aid he rofe to alk a further hearing from
the indulgence of the committee under an undiminilhed embar-

' , CONGRESSIONAL REPORTER. 91

raflVnent Were he to allow his inclination to gpide hinx he
ihould mod certainly leave his argument uafihiflied. The af-
pciity of controvetfy was at no time grateful to his feelings and
it isthe more irkfome, as it muft b* applied to antagortifts for
whom his n fpe6\ would hardly allow him to ufe the full lati-
tude of the freedom of teply - Confiderations of inditpenfebie du-
ty only held him to his feet;

Among th$ papers, laid Mr. R. accompanying the report, is a
letter froin the S; cretaryoltheTreafury to the chairman of the
committee of ways and. means. This letter was received in
confluence ofarequfc^ of the committee thro* their chairman*
that the Secreta?y would communicate the fafts within his
knowledge relative to the late importations of Britifh goods.
The committee confined their call on the Secretary to fa&s by
excluding a part of the original motion, reqiiefting a difclolure
of fuch other views as he miglit think proper to give. The
worthy chairman, faid Mr. R. has been pleafed to cxprefs great
fcnlibility as to the queftion of fuffering the Secretary to exereife
his mitigating and remitting powers in this cafe. He has infin*
hatCxi too in rc;ply to my friend from Kentucky* that the majori-
ty of the feletV committee having difcovered the fentiments of
the Secretary, were difpofed to obtain in the way the report
might be made? to operate, what they would mot as a legiflative
body propofe to do. For rnjfelf I can ftate, that I know nothing
of the Secretary's opinions but whqt maybe drawn from his
correfpondencc. In the letter I am about to read, the Secreta-
ry was called upon {pr fa£ls* and while he met their wifhes In a
dilcloforcof fa£tsit was not eafy to avoid faying what in his
mind merited ftrong belief. Fa6ts are ftubborn things and will
wear none oth^r than their own features— but matters of belief
may be nvyle to fubmU to coloring. I call the attention of the
committee, fa id Mr* R* fo thofe parts of the letter which fhews
the Secretary's feelings towards the petitioners, in order that
they may judge whether the repugnance of that importer to ap-
pear before him, which the worthy chairman has fo impreffively
noticed, earvhave any juftificatioru The payment of my bond,
feidthat gentleman, I care not for,; but that I muft fubmit to
pray, to supplicate to any perfon— k is this which wounds my
foul, One would fuppofe the laws had ercfted a dire tribunal
where the judge was not only inexorable, but that he was prede-
termined tedHincline to mercyj the faireft attribute of power.
Let it be Remembered, faid Mr. R. the report goes not to change
the courfe of the adminifttration of the law, it goes not to kffen
the mercy ciifpenfing power, it goes not blindly to reward
guilt where the objeft ought to be die prote£Hon of innocence,
it goes to fupport the liable operation of yoijr "penal fan6tiofos, ,,
to temper juftice with mercy. [ Here Mr. R. read a paragraph
from the Secretary's firft letter. ] 4i It is believed that by far
the greater part of the fhipments were made in conformity with

92 ' CONGRESSIONAL REPORTER.

previous orders from merchants i* America to their correfpond-
ent5 in England by which thefe had been Inftrudted to make
fucb fhipments whenever a revocation of the former Britifh or-
ders in council fhould take place, it having been prefumed by
the American mcrchants.that fach a revocation would by virtiff
Of the aft of congrefs of the 2 J of March 1811, produce a dif-
continuance of the prohibition to import Britilh merchandize
into the U. S« Could, (aid Mr* R. a ftrongef evidence be given
that if the mind of the Secretary has any bias it M entirely in fa-
vor of the importers ! He believes that far the greater part of
the importations have been made in conformity with previous
orders* Unlets ftroog fa£ts fhouid oppofe themfelves, he is
bound, by this belief to aft — he ftands officially committed. On
this fe£)t too, Hands very much their claim to mitigation. Mr.
R. then turned to the three laft paragraphs of the letter* In the
firft of thefe it is laid, that tho' in fome cafes, fales may have been
made not only to cover prime coft, but charges and duties, and
even the whole amont of the bonds ; yet the fuppofition that fales
have been fo made generally, is, he lays, believed to be greatly
exaggerated. Here then is another inftance where the mitigating
power, as then advifed, believes what the petitioners fay is fa6t f
and if it be fa£k, it is greatly important to their wiihes. The letter,
faid Mr. R. goes on to date it as an in difpu table fa£t, that the im-
portations are far (hart of former annual importations and of the
a&ual demand, and that in the fales more than ufual profits have
been realised. The diflfcrence is a tax levied on the community
by thofe who have imported contrary to law, and is folely due
to the operation of the nonimportation a£l.

The Secretary ftates further % that of the , forfeitures accrued,
one half is by law vetted in the cuftom boufe officers and inform-
ers, and the other half in the United Statt s. Tha »*ower to re-
mit the (hare of the U. States and of all other perfons in whole
or in part, and on fuch terms as may^be deemed rt afoitable and
juft, is by law vetted in the Secretary of the Treafury. Thefe,
fir, faid Mr. R. are fafits arifing out of the operation of $*~\w
which I had believed there could be no doubt of iuthc jntadw '
any one. The worthy chairman has fuggefted doubts oF-ihem,
not as wholly applicable to himfclf, but as retting fome wftere.
He has not, however, given thefe doubts much weight by argu*
ment ; he has retted them on little more than mere fuggeftion.
The Secretary fpeaks without refervation as to 4ii§ potyer over
the cafe, on the broadeft bafis of equity,— I do not claim a tamfc
acquiefcence in his opinion without further enquiry. But, faid
Mr- R. I call the attention of the comtnittee to this point, the
more efpecially as my honored friend from New- York has been
pleated to fay that, he underftood both the Prcfident and Secre-
tary as doubting the powers of the latter. Confi lering the mag-
nitude and unforefcen nature of the cafe, fays the Secretary, it
was thought proper not to exercife that authority until Congrds

CONGRESSlbNAL REPORTER. 9$

had taken the fubjeS into confederation and prefcribed, if they
thought proper, tbt courfe to be purfucd. This courfe thfca
has riot beep adopted by the executive from any doubt of at*,
thority, legitimate and ample* over the fubje&, nor from any
fear in theheadofthe treafiiry to incur the awful refponfibility the
duty would impede. Of my powers I have no doubt, fays he,
and that if Congress do not a61: 1 am ready for my duty, muft
be inevitably inferred. The fabje£t, in my opinion, has been

I>eople, for which^nall^dcafionsthe has been diftinguifhed as
rcgardal ; aixl let me add too, I believe to a deference to public
opinion and a tendernefs for the feelings of that dafs of citizens,
uhofe private interefts are immediately involved. I touch not,
kid Mr. R. the point, whether* Congrefs ean interfere, except
through the intervention of the Secretary's mitigating and remit-
ting power, as to that half of the forfeitures which goes by law to
ofijeers and informers $ my friend from Kentucky has touched
that point, and it will be further elucidated by my friends who
arc to follow.

lam willing to admit in argument, that ourjurifdi&ion ovfer
the principle isabfolute, and that the cafe in the hands of Con-
grd's. is as clay in the hands of the potter— artd yet, I contend, to
remit that portion of forfeitures n? hich belongs to the U. States
woold not only be outraging, what juftice to the community at
large requires, but in my mindi the ail would incur the guUt of
deep iniquity. J will now, faid Mr. R. call the attention of the
committee to another letter of the Secretary of the Treafury to
the chairman of the Committee of ways and means in anfwer to
a reqiieft of the committee, for fucb further & other views as he
might-think proper to give ; but I beg you to mark, fir, with
this Condition annexed, at the fuggeftion of the worthy chair-
man, whether, in his opinion, the importations had notbeen ac-
tually arid materially advantageous tothe government. Thus
requiring a judicial officer t© difelofe his impreffionson a fubje&
he might have to adjudicate, and one which I am fore he ought.
Inthisttuly delicate fituation, how does the Secretary afe>.
You have all the important fa&s— -Gentlemen, I cannot Rrefent
the obje& in any new or other views* - Here Mr. R* read the
letter. We difcover no difpofition here, faid Mr. R- to put tlie
advantages out of fight; they are admitted in their fulleft ex-
tent. But then, mark, after admitting the advantages, the Sec-
retary Hood as the adminiftrator of the laws, he was not the ad-
vocate of the importers, but the fervant of the people ; his opin-
ion being given as to advantages, to let them go before the world
without the other fide of the pi&ure expoled, might have ferved
the importers at the expetiee of public juftice, fb far as public
opinion might have been thereby affected, ft wa$ neeeOary to

94 CONGRESSIONAL REPORTER.

put in array the difadvantaijes. And what are they ? Thefe ad-
vantages have been forced upon you, contrary to the kgiflative
will, as expreffed at the laft fcflion. The policy c 1 your laws
has been fet at nought. Your penal ianitions have i>een broked ■'
{as the gentleman from South Carolina would say) " in fpite of
you." If the gentleman has got any thing by his interrogatory, .,
let him take it. Let me, Mr. Chairman, faid Mr. R. call your
attention to the cafe of the Calcutta vtflels incidentally introdu-
ced by the Secretary as illuftrative of the condition of cargoes
from the Britiih Ides. In the act of the 5th of July, Congrefe
gave a practical conftrufcVion to what is called the non-importa-
tion act. The merchandize was admitted on condition of be*
ing warehoufed and remaining fubjcct to the future difpoStion
of the government. In the face of pofitive inflections from the
.the Comptroller to the diftrict attornics to refill a reftoration of
feized merchandize on bond, accompanied with, I may fay
without hyperbole, a moft lucid and conciulive cxpofition of the x
law; in the face of the conftru£Uon of that authority of
which this committee from a rcfpe&able member,- have
fome of your diftritt judges departed, and that too under; the
occurrence of a cafe in which an appeal from the decifion ]
of an inferior court — nay; the moft inferior, held by a fingie
judge was impracticable. Thus, : have the violators Of
your penal laws, of peculiar facrednefs been more than half
indemnified by the afel of a fe\v diftrifii j^dgjeb-^-for be it remem-
bered, that a few onjv are concerned. If there were no other
reafon againft a remiffion, it is fufficient to make it utterly unad*
vifable that that remiffion would go tofttat nought, in fome
meafure, the refponfibiiity of the judges, who have fo ftrangctyi
I will not fay criminally, a&cd — They now ftand liable to pan- i
ilbment. Now* fir, (aid Mr. R. to the laft point in the Sc creta-
ry's letter, * 4 Upon the whole," fays he, * * 1 continue in the o-
pinion lubmitted with great deference to the committee, that
the one half of the forfeiture which would othervyjfe fall to the
fhare of the collectors mght to be remitted, but that with refpeft
to the one half belonging to the U. S. juftice to the com munity* |
requires that when remitted at leaft an equivalent may befectr <
red to the public for the extra profit beyond that pn common
importations which arifes from the continuance of the non-im-
portation aft." And, fo lay L faid Mr^R.. Here then we have
the Secretary's opinion on tae vital queftlon within the pury^
of his authority under the law- One halfought to be remitted
—the decifion is made. It it irrevocable. W?r$.,iton file in
the Trtafury office — nay, were it trjeecuted, it could not be ;
more binding, if the law be left tolerate. Onz half of all you |
afk, gentlemen, is unconditionally .granted- What of the reft \
When remitted, that at lead an equivalent may be fecured toj
public ufe for the extra profits. *- Will the worthy chairman tell
my friend from Kentucky we have penetrated the views of the
Secretary and that we are fecking by covert means and a nega-

CONGRESSIONAL REPORTER.

tive report to authorife himvto agree to a bui^iliating pompro-
mife. No, fir, I anyfure on better confideratjon his corre6tneis
would not admit it* The Secretary has given his opinion pot to
the majority of thje committee in fccret,but tothe Houfe in com 4
mittce of v the whole ; to the nation, and tQ the world. In that
opinion the extra profits are .forfeited to public ute, and that it
would be ihjuftice to the community to give them up. What
tht ie profits are, the Secretary could not know; and he has
wifely forborne to eftjraate — that mull be therefultof laborious
invefligation and patient enquiry; -As a judicial bffi.cer, the fee*
retaryhas forborne to eftimate the amoynt till it fhgll become
his duty. It has now, fir, become my duty, faid Mr, R. and. I
tar not to perform it; I fubmitonny eftimajte of the extra profits
under the fulltft perfuafioa that it \s below the real amount ; but
1 am willing to take it, be it more or lefs,, 1 It is not, it is true.,
tbe rufult of calculation from indifputable data j but it is cjravvn
from circumftaiKial evidence of the cafe that produces in my
Rjind undoubting belief. This evidence lam prepared, faig
Mr, R. to detail to the committee. Before the U.S. fhare of
of the forft itures is remitted, I demand an equivalent to the ex<-
tra profits for the public Treafury. This equivalent 1 eftimate
at half the bonds, or 89,000^000 ; and, thisfum paid, I confid-
tr the importers as detaining a per centage above their higheft
profit in time of peace and of full importations. You cannot but
have obferved, fn\ faid Mr. R. that Ihave already often trodden
painful ground in the courfe of my, obfervatiofis ; ahd that vVhich
on rifing, prefented the moft difcouraging embarraffments, re-
mains to be ttodden, and we havq come to the pojtat of entrance.
Thisfubje6\ came up in the Executive meflage ; it has firxe
been bro't btfore you by the parties implicated, in the charac-
ter of petitioners— r& facred character—before the reprefenta.
tives of a frt e and magnanimous people. The right of petition
is an iroperfcrptihle right iri tbe citi?em The veftals at Rome,
or the heralds who palled between contending nations, were lefe
inviolate. Duty only could impel me onward-ahat duty, has
hern made of fuperior obligation by the gentleman, from S. C.
He hastold you the evidence on your table carries on its face
the feature of indubitable truth ; that it proves that the bulk of
the importations are American, and *were bought early or be-
fore the Britilh orders were revoked ; and that the importers
arc perfetliy innocent — as white as fnow. I deny it ; I have,
fir, already laid my felf under obligation to try this lflue. My
friend from K. has once pafTed in review the evidence, but he
has forborne to fcruiinisse it as clofely as it has now become m»
ceffarytodo; no doubt fronfi feelings of that liberality to the
Petitioners he is ever regardfujof, which, X regret, it has be-
come my duty not to imitate. The petitioners ftand before you
as confeffed delinquents in the eye of the law i ready, however,
to plead their title to a remiffion of penalty. The law has brok-

96 CONGRESSIONAL REPORTER.

en, all a m agreed ; and what is ncceffary to be proved to merit
indemnity ? The petitioners alled 6 e they ttiipped to get proper-
ty home which had been their misfortune, without fault, to have
had locked up by the operation of the non importation aft com*
ing unexpectedly upon them; that they {hipped, believing it
would be lawful ; and that their profit will not allow them to
pay the bonds without fevere diftrels or abfolute ruin. I under-
fake to prove, Ciid Mr. R. from the teftimony before the com-
mittee, direft ly contrary fa£te. Firft, as to the time of inv^ft.
ment. (Mr. JR. here referred to the claflification in the firft let-
ter oF the Secretary of die TreSfury.) The Secretary, laid
he, having reference to time and manner, had five claiTs, to
tvtt : Goods bouglrt on American- account, and at American
rilk, before the 2d of February, 1811, when the non-importa-
tion took effect. 2d. Goods purchafcdand placed on Amer-
ican rilk between that time and the 23d of laft June. 3d Goods
purchafed thereafter and (hipped at American rilk- 4th. Goods
configned to American houles, or others as agents, under vague
or obfoleteorders, to be delivered ov?r conditionally ♦ 5th Gpods
really Britifh- »

The petitioners alk generally for the remiflion of the penalties
on all. The worthy gentlemen from New -York and S* Caroli-
na have given up the goods really Britifh : the daffes are there-
by reduced to four. I lhall divide them into two, to wit : thofe
bought and at American rifk, before the 2d of February, 1811 ;
and thofe placed fo afterwards. lean Ice, faid Mr. R. no joll;
caufe of difcriraination between thofe bought before or after the
23d of laft June. The depreffion in exchange and price puts
them on a par, and I am fure the great bulk were obtained after
the 23d of June, judging from the allegations of the petitioners
Aemfclves. ( Mr. R. here referred to the printed report, page*
22, 23, 24, 26, 27 and 28, to (hew in what manner bufinefc had
been trahfa&cd, and that it thence refulted that there could'havc
been very fewa&ual inveftments on tta 2d of February)^ We
find, faid Mr. R. that the execution of orders fenPm the fell of
1810 was countermanded on the appearance of the proclama-
tion ? that it has been ufual under the late reftri&ions to give
orders to be executed on the contingency of a revocation of the
Britifh edifts ; that it is \ifual for importers to place funds in
England in anticipation of their orders for the purchafe of goods;
that perfons have gonfc to England with large funds and have
(peculated on theiow priees of the laft fpring » that orders are
ufually given by the firft of January, but are fubfeqtiently re-
vised. All then is admitted by thofe who have appeared for the
importers! and it goes conclusively to prove that few eroods re-
mained in England on American risk on the 2A of February,
1811. But the committee of the Bofton importers state, that
large quantities of goods prepared for (hipment before the 2d
February, 1811, and which arrived at the shipping ports too
late to be shipped before that day, were, in the entiling fpring

CONGRESSIONAL REPORTER. 97

anil fummer, fhippedto the Britifh ports in New-Brunfwick t
Nova-Scotia, and Canada ; and the greater part of thefe goods
have been brought into the United States lince the war. In '
confirmation of this, I learn that in Vermont alone duties have
been bonded for to the amount of 55100,000 ; and in Paffama-
quoddy goeds^o an immenfe amount have been entered fince'
that time. The importers ftate, that in confequence of a letter
from the Secretary of the Treafury, giving them information
that all goods arriving in the United States after the 2d Februa-
ry, 1811, would be liable to forfeiture, tfyey countermanded
their orders, and did not enjoy the advantages which were
granted by the aft of March, 1811. 1 have inquired at the
Treafury for this letter, and find it was written on the 13th
November, 1811, in anfwertothe inquiries of a fingle mer-
chant, and contains only a reference to the terms of the 11th
fcftion of the aft of March 1, }809. Frorri this letter nothing
can be inferred in favor of the claim of the importers. The
i law was pofitive and plain, and he that raft might read ; it was
. a mere private letter — an aft of courtefv in the Secretary ; it
neither gave any conftruftion of the law, jaor any opinion calcu-
lated to miflead the merchants. ThisJetTer was written oitthe
^ 13th of November. The Secretary's annual report for that
year was read andpublilhed on the 12th December following.
In that import, which Mr. R. referred to, the cafe of veffels
abroad is made a fubjeft of particular notice. The merchants
were then apprized as early as the middle of December, 1810,
that a liberal extenfion of time for getting home their orders
was a fubjeft of deliberation before Congrefsas a part of the
Treafury Report. The aft of March 2d, 1811, went to admit
the entry of all veflels which fhould have left England before .
February 2d of that year ; and by a liberal conftruftion of that
law, unavoidable detentions after clearance, luch as that which »
arofe from the particular conformation of the harbor of Liver-
pool, where veffels are often detained many days, received fur-
ther indulgence. A vessel was admitted to entry which had
left England even as late as the 2d of March, the day on which
the laft fupplementary aft bn the fubjeft ©f non-iraporta.tion
J passed. This then, faid Mr. R, I think another reafon why
| we may fafely conclude the portion of goods aftually invefted
before the 2d February, 1811, and not brdught away, were
very fmall. My friend from Kentucky has tend you he found
on inquiry that from 12 to 15,000,000 dollars' worth of mer-
chandize was imported in a Ihort time before the non-importa-
tion* aft took effeft. This could arife from nothing but the
dtfire in the importers to get their orders all home. But there
are other proofs that a very fmall amount of goods only could
have remained in England at AnSerican rifk on the 2d of Feb-
ruary, 1812. Mr. Russell fuppofcd they would form a very
Vol, II. — No. 7. debates.

98 CONGRESSIONAL REPORTER.

fmall portion of the importations — be believes the grcateft por-
tion was purchafcd after the revocation. There was then, he
adds, great activity 411 iuvtiftments. This teftimony of Mr-
Russell is i?f *lf almoft conclufive, hut there are dill other proofs.
Let me call your attention, f*;d Mr. R. to the examination of
the maaufa&urers from 30 manufacturing diftri&s, alrtady al-
luded to by my friend from Kentucky. Among the cloth and
cotton manufacturers, the . injuries, the hard ware men, the
f complaint is univerfal that their (lock of warts on hand had ab-

forbecl their capital, Their hands were unemployed, and their
conditional orders from America, if the orders in council were
revoked, would relieve them inflantly. Could this ftate of
things have exifted ii the inveftruents by our merchants had
been n»ade, or any confiderable part of them, before the 2d
February, 1812 ? Would the Britiih government have let
five-eighths of the vessels depart alter our declaration of war
was known, and an embargo had been laid in conll quince of it,
to let home American capital, if f he had not her equivalent
bem fit, and even more ? No ; 11 is impoflible. ,1 did not note
down the evidence a^it was received, faid Mr. R. to any
amcr.nt/not being qualified from l>abit to do it With facility,
and it was th^ Rood fortune of the Committee to have a chair-
man whole qualifications were iupcrior. It \ws difficult, how-
ever, to catch every thing. 1 find in the printed evidence from
Baltimore, that the importations are ftated not to have exceed-
ed the orders, but to have been lefs. In my notes of this evi-
dence v is ftated, that many goods were paidforlir.ee tiuir ar-
rival. [Here Mr. R. referred to his notes] '1 hat agents in
.England, encouraged by the profpefts of a market, hadfliipped
largely. This I am certain was laid, though doubtlefs fome of
the gentlemen faid what is in the printed evidc nee. That thi re
were large (hipments arifmg from the profpefets of a market, and
that tin re was a defire in England to find one, muft have been
natural.

Mr. Ruflell exprtfsly Rates the revocation of the orders in
council, as it is called, was not due to a regard for juflice in the
Britilh council, or to an amicable temper towards America,

' but to obtain relief for their manufacturers. This fail-, taken
with thai of five-eighths of the merchandize failing after war
was known to txift with 3Britifl> licenfesf, as it is Hated by the

. Secretary of the Trcsfury in hi> letter, is poiitive proof that ai-
med all the property ftiipped was either Englifh or of Ameri-
can inv< ilment, after 23d of laft June.

I think, fir, faid Mr. R^ that I have made out an evidence
ftrong enough, that very little of the late importations were
American on the 2d of February, 1811, and indeed not even of
prior date to the 23d of lall June, and much of them not till the
arrival of the goods in America. The confequence is the in-
veftmento, lading and! ihipping of the goods, were made at a

CONGRESSIONAL REPORTER. 99

time when the lading and fhipments were unlawful, and the in-
vcftments of more than doubtful propriety— and that the peti- .
tioners have utterly failed to make out their title to a rcmiffion
of their bonds on this point* Jn calculating the charges it will
be found, faid Mr. R. that they have predicated them on a title
to two years' intertft, with extra ftorage, and other et cateras*
We will now examine tfce point ef profits* In doing this, we
are about to teft the credibility of the t^ftimony produced oa
the part of the importers. The examination of the committee
of merchants, faid Mr. Roberts, is prefaced with the remark,
that " the ftatements made by them, being iren of chara&er
and refjx lability, were delivered with fo much apparent fair-
nefs and candor as induced the Committee to give much credit >
to them. 5 ' I do not confider myfelf as having agreed to thefe
expreflions. I believe I objected to them. I im fure I tho't
them too ftrong at the time they were fubmitted to the Com-
mittee. Further inquiry and reflexion have, if poffible, dimin-
ifhed my faith in them. Mr. R. faid, he wifhed it to be recol-
le6\cd, that the evidence under the different heads of the cities
where the examinants rtfided, was partly a voluntary commu-
nication, and partly anfwers to queitions propofed for the pur-
pofe of uncovering the equity of the cafe. The wo^jhy chair-
man had obferved that this evidence was the refult of a croft
examination, calculated to teft its truth, and he was pleafed to
give it a charadler of ftri&ntfs and ability above its merits. I
did, faid Mr. R.* as one of the Committee, put many queitions
to the gentlemen attending, but under the difad vantage at the
commencement of a total unacquaintance with the futge&i at
all times under the reftraint arifing from interrogating gentle-
men of high refpe&ability on points in which their interefts op-
pokd a dire£\ anfwer, and who appeared for others, the circurn-
fiances of whofe cafe was more exceptionable. The Commit-
tee had no authority to examine them, and it pressed no quef.
tion where any delicacy was felt to anfwer. The ftatements
too are made by men who out of their own ware houfes con-
fessed themfclves among the leaft informed on mod fubjefts of
trade of any perfon* in the cities where they refided. They are
in many parts vague opinions, atid given only as fuch~however,
where accuracy was attainable, they will be found unfortunate-
ly erroneous. In this evidence, it fhould be remembered, the
parties are interested, and while admitting the gentlemen are
men of truth, what they have laid in justification of themielves
ought to be taken with allowance, while all that they fhall have
riifclofcd unfavorable to their interefts muft have the chara&er
of high credibility. The gentlemen from New- York were
heard by the Committee at their own requeft, and in the firft
Irfetion of their evidence were allowed to ftate all they wifhed
without interruption or interrogation — it is the fair fide of the
picture. They have there fwelkd up the charges to 6© per

i_«

_' Jl -..

100 CONGRESSIONAL REPORTER.

cent, they have even claimed more, and I will give them ail-
but it will be found, as might be expefted, tfufe calculations
are made upon the assumption that the bulk of the goods were
on American rifk before the 2d of February, 1811, &n assump-
tion which I truft has been proved to be withbut reality. The
gentlemen from New- York have not faid what the average fales
have been, though they admit if the bonds be remitted they will
have a handfome profit — they have made up a bill of coffe, we
mtift feek for the profit elfewhere. The hard ware importers
ot New York have in their affidavit fixed the average fales at
90 per ceht. on the invoice, and charged 65 as charges. Frqm
this ftrike^ut the efctra charges, to wit : 2 years intercft 14 per
cent and 11-2 per cent, of extra ftorage, &c. neither which
charges can apply to goods purchafed, as really appears to have
been generally the cafe, after the 23d of June laft, and a clear
profit of 50 per cent, on the invoice price, or oa coft and
charges of 32 per cent, after dedu&irtg the war duties, or 21 13
clear profit on the whole capital employed, without the advaii-

1 tage arifing from exchange— which we will prefently confiuler.
We find the gentleman from Boftdn, on being afked for the
amount of extra profits, in his printed evidence fays, it has been
from five to ten per cent. Subiequently he appeared before the
Commttt^ voluntarily, to communicate the merchants' affida-
vits on your table from Bofion. Thcfe relate chiefly to piece
(good importations, and they make the advances from 90 to 110
per cent. That delicacy that had induced a forbearance to in-
terrogate further on the firft occafion, feemed now removed, and
the queftion was submitted as to what the ordinary profits
amounted to— his anlvver was, that the ordinary advance on
piece goods was 50 per cent, from which take charges and peace
duties 30 per ctnt. and the profit on the invoice would be 20 d<}*

^ or 15 percent, clear 'profit on invoice and charges including
duties. This will be found the higheft peace profits, ordinarily ,
they are from five to ten per' cent. But take this calculation, as
that from New York has been, moll favorably to the importers*
the peace profits at 15, and the prefent advance v at 90, which is
low, and the profits on the prefent fales will be .40, from which
take the average war duty 17 per cent, and there remains 23 per
cent, clear profits on the late importations, Jxfule advantages'^
the rate of exchange.

While this calculation from the merchants' own admifitons
proves the profit on themfdves,it proves moft conclufively the
tcfiiniony they have offered is of little value. My friend frotn .
Kentucky has ftated to you that it was admitted by the gentle-
man from Baltimore before the committee, that in the-technicaf
. language of trade in that city, goods fold at 250 or 300 for one
hundred at the late files. The average ordinary fales are aboOt
134, which is fometiffies more than 40 per cenu*out of which aB

CONGRESSIONAL REPORTER.

101

charges have been paid and the importers had their profiWak*
the largeft fum, to wit, two hundred and fifty as the average ad-
vice, which is 110 per cent, profit, fo that the profits are 70
per cent, more than ufuaL from which take the waNduty 17 per
cent, and it leaves 53 percent, clear profit, that is, 3 per cent,
more than half thebpnds, in addition to the ufual price exclufive
of exchange. .Mr. R. r^ad a letter from a refpe&able merchant
of the Diftrifl of Columbia confirming this admiflion of the Bal-
timore committee. He hdd in his hand a letter from a mer-
chant of Philadelphia, ftating that he knew an inftance of good*
bonded at the invoice amount, 50,000 dollars to be fold imme-
diately for 170,000 dollars or 340 per cent profit on the invoice
prist, £> that the importer could pay his wholtf'bond and all
charges and have 20,000 dollars profit. I know, faid Mr. R.
however, th£ fales of the importers may have made it 2tf>pear
otherwife. I am dating fober fa£ls. The merchant tt?Us you
he does not take into the calculation of his profits the rate of ex-
change, btcaufe if in a feries of 10 years it is equalized he is
fatisfied — in ordinary years this is n& doubt a juft and proper
rule^but ordinary rules, (aid Mr. R. do not apply to extraordin-
ary cafes, fuch a cafe is the prefent, Britifh goods being inhibit-
ed by law, the market had become exhaufted and exchange de-
prefRd far below any thing that could happen in the ordinary
courfe of trade* My friend from Kentucky hai, lhewn you,
from the reports of the commiffioners^of the finkingfund,for a fe-
ries of years,there i& no material variation of the rate of exchange.
As foon as the non-importation tookeffedl dowriitweht to -28
l-2,and the lat^ importations from the merchants' own ftate-
ment, did not raife it t0 more than 4 below psr. which make
the average 18 3 4 per cent left. The importer tells you he does
' not confider this in his profit, truly, n?r does he confider the
feventy percent, nett profit on all colls and charges which I have
juft mentioned as anything but a proper gain — let him ajone*
and you cannot cloy him >vhh per ctmtage. 1 think, fir, faid Mr.
R I havefaid enough to fhewfrom the ftatements of the petition-
ers that they can pay half thfeir bomjs and retain morfc than ufu-
al profits. Mr- R. then adverted to the teftimony/ from New-<
York given voluntarily, and remarked that the fybfequent ex-
aminations were all made by the report to confirnqlthat.ftatement
generally. * I will, fir, faid he take it fentence by fentence and
ihew you that the pretence fet up for remiifion is Jit ither true in
fa£t or fuftainable on principle, but, faid he, there is no part
which merits particular notice. My friend fr^m Kentucky
had ftated clearly that there was a grofs error or jnifreprelenta-
tion on the fubjefi of duties* # The merchants frorti New- York
fay the average of the loweft duties as calculated ^t the cuftotn
houfe is 33 1.3 per cent, on prime coft. The worthy chairman
has attempted to make this jnonftrous ftatement appear not

.<-

102 CONGRESSIONAL REPORTER.

* . /

materially erroneous in the face of demonftrative evidence addu-
ced by my friend from Kentucky to the contrary. He ihewed
you, fir, from authority not to be controverted, that the three
rates of ad valorem duties, to wit, 12' 1-2, 15 and 20 per cent*
were in time of peace t(ie duties per cent, on the prime coft ;
add the war duties and we have 25, SO and 40 per cent, for
the duties on prime coft as calculated at the cuftom houfe, add
the Mediteranean fund 2 1-2 per cent. and we have 27 1*2,32 1-2,
41 1-2 — take 4 the importations for two, three or a tries of 8
ypars as my friend from Kentucky has done, and the average of
the whole duties, not the loweft as the chairman has argued,
will not make 29 per cent, on prime colt or more than 33 13
on cofts and charges which laft is dutied as has been obferved
by laying a duty on 6 per cent, as charges before fliipment and
10 on their arrival in the United States. Will the worthy chair-
man tell us there is now no, material error ? — give the gentle-
men from N. Y, their aflertion and inftead of 33 1-3 per ct. as
the amount of the whole duties of every kind, tjiey would have
f welled them up to 37 3-4 per ct* But this being a matter of
calculation, liberality obliges us tofuppofe that tho' the worthy
chairman has failed to ihew there was no material error, for an
error even he admitted to exift, that error might arife from mis-
take. My friend from Kentucky at leaft (lands juftified in his re-
mark that the truth of the whole ftatement of the merchants from
New York is thereby rendered juftly fuipicious. But they have
committed errors (till lefs to be apologifed for. Ctockery, glafs
ware t hard ware, filks, millinary, Sec. — mark the ct ceteras, are
dnticd, fay they, at 50 per cent. The higheft ad valorem duties
on prime coft and charges do not exceed 49 1-^per cent, ana
the articles paying this high duty are glafs ware, black bottles,

, and window glafs excepted and carriages and parts of carriages.

*' This has been ftated by my friend as only the l-94th of
the importations for three years past, or 3-264 parts* taking
a feriesof 8 years, while in thofe periods the importations
paying the loweft duties are for the firft period 75 91 and for
the fecond 213,264 parts. It is not true as the cvi.
denceftates, that glafs ware generally pays this high duty; as
window glafs and black bottles are excepted. Hard ware, pla-
ted ware, millroary and pottery wares pay in peace but 15 per
cent- and with the war duties and all other charges only 38 per
ct. Silk pays the loweft duty, to wit, 32 per ct. while the mer-
chants aflert it pays 50 per ct. I beg you to obferve, fir, faid
Mr* R. that this ftatement was repeatedly read to the N. York
committee at different times, and to each of the committees
from the other cities, all of which are ftated to acquiesce in their
truth, among thefe, it is prefumabte there were dealers in all
thefe wares. Either they have been unacquainted with fads
arifing immediately out of their daily bufinefs, or they muft
have formed a curiona opinion of the tribunal before whom

CONGRESSIONAL REPORTER. 103

tbey ftood* )The motive of the gentlemen I have nothibg to do
with, but if I have not awakened fufpicions in this commute e
of the utter infufficiency of their teftimony, i have foiled lamen-
tably in juftifying my own impreffions. One part of this com-
m it tee, laid Mr, R, I obferve, feel irkfomc under my obfervji*
tions ; to another lam thankful for their attention — lam not
accu (tomed to keep the floor fo long— I hope I lhall olaim fuch
indulgence feldom— this duty has been forced upon me, and I
alk the patience of the committee while I perform it. The
worthy chairnhan, faid Mr. R. fays th? fhipments were* made,
believing it lawful, and that the evidence proves it. In that
part already reviewed, I truft nothing has appeared to juftiy this
aflertion. A printed paper handed to the commlttrc by the N.
York gentlemen, which they faid was lianded about in England
after the revocation of the orders in council, will be found in the
printed evidence. I will faid Mr. R. turn to it. It confifts of
the 2d feftioft of the aft of March 2d, ldll, and an extraft of *
letter from Mr. Monroe to Mr. Fofter, dated July 26,1811.
That in cafe G. Britain (hall fo revoke or modify her edifts,
lays the aft, as that they lhall ceafe to violate the netitrtil com*
merce of the U. S. the Prefident ihould declare the faft by
proclamation, and that fuch proclamation ihould be evidence:
and no other evidence (hould be admitted of fuch revocation or
modification in any fuit or profecution, &c By an ?c\ of juft*
ice rendered (iays Mr. JMonroc) to the U. States, G. Britain
may fe* the non-importation aft: afide. Ceafe to violate our
meutral rights by revoking your orders, in which event alone the
Prefident has the power, and I am inftrufted to inform you
he will cxercife it|n terminating the operation of the law. The
gentleman from New York [Mr» Mirchill] fays, you put it in
the power of Britain to repeal your law, and (he did it. and ad-
ded, it was conciliatory and every body thinks fo — *he Prefident
has laid fo. It muft be a bad caufe that could drive the acute
gentleman from New-York to takb a fingle word in the meffage
ufed in mere common acceptation without any technical meaning
or a neceffity for precifion of language as a proof of the presid-
ent's opinion on the revocation. The Prefident has
faid^it is true, that*' the repeal of the Britifh orders were
fufceptible of explanations meeting the views of this gov*
ment % " But to make the aft of fhipment take the appearance
of no intention to violate the law, not only the proclamation of
the Prefident muft bedifpenfed with, but alfo thofe preliminary
explanations, fpoketf of in the meffage. But Mr. Monroe tells
Mr. Fofter he lifts under the Prefident'* inftruftions in Uis letter
of the 26th July, 1811, in purfuance of- the law of 2d March
1811, the condition in, ceafe to violate our neutral rights by re*
voking your orders, fcc, and my proclamation (hall iffue. The
words of the law are " revoke*' or ** modify" *' ceafe to violate
our neutral bommeree." But by the law the Prefident was tp

104 CONGRESSIONAL REPORTER.

bethejudgeofthefufficieny of the revocation or modification.
In the letter of Mr. Monroe, he lays to England in language of
great fignificancy what I expect from you is fuch a revocation of
jrour orders as they (hall no longer " violate aur neutral rights/'
The drippers were then informed by the Prefident on what con-
dition the proclamation would appear, and without it the ad of
fhipment muft have been obvioufly to all unlawful. My wor-
thy friend from Kentucky has told you the order in council of
the 23d laft June w« not fuch a revocation. 'Will my friend
from N.York, [Mr. Mitchill] fay that the relervation to lay
them ob at pleafiire was not violation of our " neutral rights" vi-
tal and flagrant ? The condition annexed of admitting their vcf-
fels of war into our waters, while what had produced their in-
terdiction remained uncloned for, was an aggravation of that vi-
olation. For the Prefident to have iflued his proclamation un-
der the circumftances of the revocation of 23d of June, would
not only have been an abandonment of his own interpretation of
the law? but a palpable derelidion of his duty. Can Great Brit-
ain find an advocate here to juftify her m demanding as an e-
quivalent for a bare a£l of juftice a furrender of our juft claims
of atonement for injuries arid an acknowledgment of her right to
legiflate for us ? The idea is too monstrous — too abfurd. The
revocation, if there had intervened no war, could on no principle
have been met as the obje£t of the non-importation a£t. This
conclufioo is inevitable, and the paper faitf to have been handed
about in England, like the other teftimony ofthfc irierehants,
difapproves their innocence. Mr. Rufieli Rates that thoMie ad-
vifed the merchants that they might make ihipments withfafe-'
ty, he would not be underftood t6 fay> that-hc advifed them
that if the law fhould not be repealed that they would be per-
mitted to enjoy the advantages of a monopoly and the confe-
quent extraordinary profits. On no ground. then can it be plead
that the importers had any pretentions to a belief that the lhip--
ments would be deemed laMjftiK There faid Mr. R is another
fpecies of teftimony before the committee in print and MS. puri

Sorting to be affidavits and letters of merchants and dealers in
Iritifh wares which it may be well to advert to. Firft there is
that of the hard ware importers of New York. They lay the av-
erage advance on fales at whokfale is 90 per cent,
that the changes are fixty five per cent, which I have before
proved, is from 15 to 1 20. per cent. | too high — their gain
is, they ftate, 16 per cent, exclufive of weehange, which they
fritter down as readily as they trump up charges— following
this affidavit is the certificate of David Dunham, not an import,
er but an audfaoneer ; ^wherein he ftates the fales have not been
more than 70 or 80 per cent, advance, and fometimes they fold
for lefs than, colls and charges, and he is willing to add his ; cor-
poral oath if neceffary to vouch the fa6t. Then came the re-
tailers, and they vouch that they have bought the: beft and fcarc-

CONGRESSIONAL REPORTER. 10S

tft articles at .75 per cent, advance, this too after the importers
bad admitted th£ir advances to be 90 per cent. I would juft re-
mark on the letter of Mr. Heard, that I know not whether he be
interefted in the importations to an amount above 83000. " In
the clofe of his letter he Rates however, that a privateer had cap-
tured a (hip he was concerned in, and carried her into Rhode
Wand. The fhip has been bondedf, but the privateer could not
give her up. The fa£ts refpe&ing this veffel are that theap-
praifers did not vaitieher/to on$ third" her amount at invoice
price. There was no, way of preventing this fraud, availing the
importers, but by the privateer caveating againft her releafe on
bond. Let me afk, said Mr. R. with Mr. He^rd, are not thefe
hard cafes ? Truly they are ; but the hardfhipisall on the fide
of the nation. Hillen's letter ftates an infulated cafe, and one of
the few innocent on£s, th&t can occur. As to the MSS. and
^documentary teftimony on examination it will be found, I think
; neither more confident nor more true than that we have already
waded through. I think, faid Mr. R- 1 may fay withfome con-
fidence, the importers have utterly failed to make out a fingle
point which they affumed for iuftification. So much for the
rubbifh laid Mr- R. we have at laft got a glimpse of what we
have been in purfuit of. Admitting in their tullefl extent the
advantage (bated by the Sec'y of theTrealury arifing to the nation
from thefe importations, and even that grace fo eloquently invo-
ked bv the wQrthy chairman ought not to extend further than a
remiffion of dne half of the bonds.

Mr. RICHARDSON rofe and faid—

Mr. Chairman, after I became acquainted with the fa&s, on
which the queftion now before us arises, I did entertain a hope
that there would be no div'erfity of ientiment among us as to the
propriety of granting the prayer of thefe petitioners in the fulleft
Went. Some difference of opinion as to the mode I indeed an-
ticipated,but none as to the justice of doing it. I thought,iir,that
Aediftreffes which our merchants have fufFered under our re-
ftridUve experiments upon foreign nations, would entitle them
to our particular confideration. The meafures of the govern*
Jijent have fallen with peculiar feverity upon this clafs of our
Wizens. The produce of agriculture has at times commanded
a .8reat, at all times a good, price. The manufatturcr has grown
"ch, and other clafles of the community have enjoyed their u-
foal profperity. Upon the merchant almoft exclufively has the
Preffure of the times borne. I thought, fir^his circumftance
would induce gentlemen to lend a favorable ear to thefe peti-
tions.

106 CONGRESSIONAL REPORTER.

•

I alfo thought, fir, that this clafs of our citizens had claim*
from its rcfpeclabiltiy to our particular attention. I will ven.
ture to affirm, and I call upon all the honorable gentlemen who

*reprefent them in every part of this Houfe and from all parts of j
the union, to bear witnefs to the truth bf the remark, that in fair
and unfpotted charader, that in honor and integrity, in activity
and enterprize, that in all thofc qualities both of the head and

-the heart that can adorn and dignify the nature of our fpecies,
the merchants of our country are fecond to noclafe in the com-
munity. It is true, fir, they have not been filent under the
pressure of our meafures ; they have finned both in thought i

. m word againft our reftridive lyftem— a fin, which in this houfr
I fear cannot ealily be forgiven. But do gentlemen wonder that
they have complained ? I put it to every honorable gentleman,
whether,] if our meafures had fallen upon the yeomanry of our
country with one tenth part of the fc verity with which they have t
fallen upon the merchants, it wouk'< not have raifed a ftorro that
neither this nor any other adminiftration could have rode out
in fafety ? It is a lingular fa£t, but it is not more fingular
than true, that for thefe five years laft paft, whenever we have
planned any grand meafure of coercion — whenever we have col-
lected any vial of uncommon wrath againft foreign nations, the
contents of it have in every inftance been poured direSHy upon
the heads of our own luck lefs merchants ! And is it robe
thought ftrange that they fhould think our meafures a little Un-
luckily directed ? Is it wonderful that they fhould doubt the
policy of fome of our meafures ? They have been ftigmatiftd as
a clafs of men incapable of reftraint, as habitual violators ot our
laws — Sir, the charge is a grofs slander upon their chara&tr.
They haVe not violated our laws. Diftrcffing as our mcafuirs j
have been to them, they have fubmitted with a patience truly
aftoniftung* No, fir, the regular merchants have not been the
violators of oar laws. But our meafures, while they have driv-
en the fair and honorable merchant from his accuftomed irack 1 ,
and have dried up the fountains of his wealth, have raifed up a
fctof men, the rank produce of troubled times, who were not
regular merchants before, and who againft our laws and in fpitf
ofaur laws have carried on trade anct have grown. rich on the
ruins of the honeft merchant. Thefe are the men who have
vio]ated your laws. The ftate of things which our meafures
have produced has been a fohool admirably adapted to teach the
art ot violating our laws. If there were no other evil refultiitf
from the reftrictiv* fyftem than the tendency it has had to cor-
rupt the public morals in this particular, and to invite men to
become the pupib^of fmugglin?, that alone ought to ftamp its
memory with execration. Truft me* fir, in the enforcement
of your revenue laws hereafter you will be taught to feel the full
force of this remark. Let me then implore gentlemen to W

CONGRESSIONAL REPOETER. 107

fide their ill-founded prejudices againft merchants, and not to
*y to their charge fins of which they hare not been guilty. I
mplore them to decide tljis new, this Angular, this important
Lueftion without prejudice and without partiality.

1 do not propose to examine minutely the testimony which has
teen laid before us* I do not, sir, propose to follow gentlemen
krough the long and labored eourse of reasoning by which this
^solution is attempted to be supported. I only propose to eon*
iider some of the more prominent remarks which gentlemen bare
made in favor of it, and to state some of the reasons which in-
luccd me to oppose it.

The gentleman from Kentucky (Mr. Johnson) has remarked
that this question derives all its importance froi the amount or
property involved in the decision. Sir, Iamolp very different
Opinion. That it derives some importance from that considera-
tion, 1 admit; but not all its importance. It is lot unimportant
(hat the decision of this Hquse in every ease, bewever small the
amount of property involved, should be correct.! It is important
that justice should be done to every class of etizens, however
few in number, or humble in situation. But, sj, the merchants,
are a great and powerful class of our citizens ; tpd if we should,
do what may seem to them to be injustice, it rasr in the present
crisis of pur affairs draw after it consequences npre serious, thai*
gentlemen may apprehend. The question deoves much of ita
importance from the respectability of the petitioners.

The gentleman from Kentucky (Mr. Johnsoi) says, that those
who agree with the majority of the Commifee of' Ways and
Means on this subject, wish to refer these petitions to the Secre-
tary of the Treasury, because they agree witl/ him in opinion*.
This, sir, is candid. I will endeavor ^to be equally candid ; and de-
clare freely that the very reason why I wish rot to refer them to
him is, because I do not agree with him in ojinion. It is also
asked, do we doubt the competency of the Se^y of the Treasury ?
Rave we not confidence in that high and respectable officer ? II I
am asked the question generally, whether I halve confidence in the
talents and integrity of that officer, I freely answer, yes; but if
asked as to my confidence in his deeision in th|s particular case, I

K freely answer, no, I have not. I think hi* views, so far as I
D understand tjbem from his letter to the chairman oi the Com-
mittee of ways and means, are very incorrect. -
i It is said, there ought to be a distinction between property pur*
'ehased in England before the 2d of February, 1811, and property
purchased since that time, and shipped to, this country : and that
*e cannot go into an enquiry that will enable us to make this
distinction. Sir, I deny that any such distinction ought to be
Hade. The only distinction we ought to make, should be be-
tween bona fide American, and British property. Perhaps this
distinction cannot be made. I wish it could, and trust it may be*

108* CONGRESSIONAL REPORTER,

But suppose it [cannot ; ought we, sir, to condemn America!
property because a litt\e English property happens to be mingled
with it ? It is said to b* hetoer that ten guilty persons shdtild es-
cape punishment, than tjiatone innocent person should suffer. If
we enforce the payment of these bonds, we shall punish aacldis-!
tress a hundred innocent American citizens, in order to reach on|
English subject* I

Another reason urgel why we should enforce the payment of \ j
portion of thess bonds, is, that the merchants have mad* unusual
profits in the lite importations. If. they ha vie made large pi ofits,
sir I rejoice ai it. I rejoice that fortune should have broken
through the chuds that have so long hung over their affairs, and
in one solitary nstancehave shone pleasantly upon them. I trust
that Providence will bless them in the enjoyment of their profits;
and as it hag eroblcd J;hem to rescue, their property from the
hands of our eremies, that it will also enable them to preserve it
from the hungry jaws of our treasury. Forbid it, the dignity of
this house, forUd itj the respect which we owe to ourselves, that ,
we should lay (Ur hands upon it ! I have no disposition to entor \
into this retrospctive partnership with oui* merchants, in order
to share the proits without the losses of trade. It would be to I
the governments my apprehension, a partnership equally disr |
graceful and ruhous. . ' I

It is said,if werelinquish these bonds,we must tax the yeoman-
, ry of our country Sir, I had feared that this consideration might
have an influeneeon this decision. But I did not expect to hear
it openly avowed. I had supposed that if any honorable gentle-
man should be clarged with being under the influence of this.
motive, he would repel the insinuation with indignation; but I,
was mistaken, it sterns. Perhaps the motive is a legitimate one. j|
Self-preservation i» the first law of nature. The merchants have
been accustomed ti suffer. Adversity is said to be the tamer 01
the human breast. Jfcrhaps they may now submit quietly to in-
jury and injustice. But it is not quite clear that the yeoman-
ry will submit quietly to taxation. The experiment is yet to be
made, whethter we ran safely put our hands directly into the pock-
ets of the people and ^ake their money. J might conjure up a *
« Spirit" among them that « would push us from our seats:'

Jt is also said to ife due to the nonimportation act that *•
should enforce the payment of these bonds. Indeed, sir, ami is
the non-importation tict to be made the object of religious hota> f
age ? Are we to erect Altars and offer sacrifices to it. And are .,
those altars to be sprinkled with the blood of the merchants? Sir,
gentlemen are mistaken! They inay devote this House to the
worship of the non-importation act, and they may here sing "5
high praises, but trust lie, sir, those praises will not be re-ecfl*
ed by the approving voice of the people. There is a deep and .a*™
mermur running along your seaboard, from^pne dxtreffiitj or tn

CONGRESSIONAL REPORTED . 109

■(

sontinent to the other — constant as the dashing waves of the o-
eean upon your shores* If the people must sacrifice to this idol,
It will be, sir, not as t)ie guardian power of their national rights,
but as to*a dark malignant demon, jthat mixes with our policy,
to weaken and paralize and palsy and ruin and destroy all our
energies, to distract and divide the people* to weaken their con-
fidence in their government, and in fine, sir to sink our nation
from a height of prosperity and happiness that was the envy, te
an abyss of misery and wretchedness, that will excite the, com-
passion, of all other nations. I implore gentlemen no linger to
look to this miserable policy, but to trust tq the strong apm of our
soldiery and the prowess of our navy, for the defence of our
rights. Unshackle commerce/ and by the cherishing and pro*
tect ing her, enlist her under your banners. Unharness from your
war-ear this wretched,worn out, limping pack-horse, the no»-ina- ;
portation act ; Do this, sir, and my life updn it, you will no long* *
er see your armies wanderitfg sa«J and disgusted, with the slow
aud Boleqm pace of a funeral procession, among the dismal wilds
of your northern frontier, with defeat by their side and the peo-
ple following mournful and reluetant in their rear. Do this, and
the wings or your eagle will no longer flag, nor .
" Quencftd in dark clouds of slumber lie
«*' The terrors of his leuk 9 Hhe lightenings of his eye. 9 ' ^
The people will fight for their rights, but depend upon it, sir,
they will not fight to enforce your restrictive system* But it?
gentlemen are still disposed to sing the praises of this system, for f

heaven's sake ; let them adopt a new tune. We have lately b^eo
furnished with one finely adapted to the occasion— for the rest of
this session at least let the tune be " The last annual report of the
Secretary of the Treasury" ! and the vaults of your treasury will
be found in admirable condition to re-echo the inspiring sounds to
the ears o£your enemy. ' / '

It is said these importations are injurious to the country, ex-
| cept so. far as they bring duties into the Treasury. This position
is founded on a train of reasoning that ought to be not a little\$-
larming to the commercial sections of the Union. It is bottomed
•n-Yhe idea that commerce is an injury to the country ; that we
| can do better without it, ancf live, as it is called, independently !
I I am not vory Well versed in the forms of the school in which
■ these doctrines are taught and shall nitattejppt to go through the
detail of the system, but shall con£R*inyself with entering a
strong and decided protest against such doctrines as hostile to the
best interests of this country* But, sir, the people will be muph
puzzled, I fancy, to sec how if these importations have been in
other respects injurious, any advantage has been derived from
u their being compelled to pay five millions of dollars in duties upon
r them. This is a political riddle, the meaning of which is " un-
seen invisible; inserutible," to every body out of this House, but
to all-within it is plain as the nose on a man's face, or a weather*

110 - CONGRESSIONAL REPORTER.

cock on a steeple. — It enables us to take from the pockets of the
people and place in the Treasury at our disposal fire millions of
dollars without discomposing a single feature in the countenance
of that niee and delicate lady-— our popularity with our constitu-
ents. But is it not astonishing, sir, that gentlemen should not see
that commerce at all tithes possesses this magie ? That it is at
all times to the government emphatically the philosopher's stone,
converting every thing into gold ? Do not gentlemen remember
that when commerce war permitted unmolested, to cultivate the
ocean, she returned to our Treasury an annual harvest, rich and
abundant as the crop that was gathered from our hills and our
tallies? And that plenty was in our dwellings, and gladness in
our hearts? And do they not see y since our restrictive system,
like a frosf , a bitter biting frost, passed over her dominions, chill-
ing all her hopes and blasting all her prospects, that she no lon-
ger yields her accustomed tribute, and that our Treasury shares
in all her distresses ?

The gentleman from Pennsylvania (Mr. Roberts) has remark-
ed that these petitioners stand before us confessedly guilty ; thai
they sue not for grace, but for pardon. And arc' we sitting here,
sir, clothed with one of the highest attributes of sovereignty, net
to grant freely, tat to sell, qgrdon to the humble guilty suppli-
cant ? Is there a price in thisHouse for the pardon of crime* J
The merchants are guilty. Of what, sir? Or bringing into our
country twenty millions of capital ? Of rescuing 20 millions
from the hand otour enemies ? Of bringing five millions into oar
exhausted treasury? If these things be crimes, let us forgive
freely ; in the name of Heaven, let us not disgrace ourselves ana
the nation by setting pardon for such offences. I was at first
struck with the peculiar manner in which the gentleman fro»
Pennsylvania expressed himself* They sue not for grace, but for
p&rdon. I was at a loss to comprehend his precise meaning ; &*
I had always thought that pardon wa^s an a(ct of grace. But I
find the honorable gentleman thinks differently, and understands
pardon not to be a matter of grace, but an article of sale. He ij
willing' to grant these merchants a pardon, provided they will
give all their profits as the price of it.

It is with extreme regret, that I heard the gentleman frew
Pennsylvania remark that tbis was a question between the mer-
chants and the other classes of the community ; because if*" 6
question is .understood to bersuch by this House generally Iftw
the case of these petitioners is a desperate one. I begin to p* r-
eeivfe that merelpnts are no favorites here. If the other classes
of the commnhliy are understood to have an adverse interest, they
must expect no favor from this quarter. I fear, sir, they a w
not certain to obtain bare justice. ., ..

The honorable gentleman from Pennsylvania says* ^ cse ^ n f l*
chant* have no equitable claims, beeause a grqat part of tft^
goods imported have been purchased since the repeal of the #*'

CONGRESSIONAL REPORTER. ill

der* hi couneil. Sir, I apprehend the gentleman is mistaken,
both iff the fact, and in the conclusion be draws from it. In or-
der to establish his fact, the gentleman begins by attacking tho
testimony which has been laid before us* He complains that the
witnesses were examined before the Committee of Ways mid
Means,. by the chairman of that committee, vtath great ability,
and all the facts that couldvbe favorable to the petitioners drawn
out ; while the. cross examination was not sufficiently minute to
draw out the facts that might be unfavorable to the petitioners.
He also says, he was not disposed to give the witnesses muoh
credit, either for their candor or fairness ; and that he bad not
much confidence in their testimony. Sir, it will be recollected
that the gentleman himself is one of the majority of the Commit-
tee of tVays and Means, who made this report ; and that its lan-
guage must be considered as emphatically the language of the
gentleman himself. It will be also remembered, that the report
was made before debate had excited any sensibility on this sub-
ject. And what is the language of that report ? Wliy that the
statements were made by the gentlemen who were examined appar-
ently with so much sandor and fairness as indeed the, committee
to give much credit to them* Mow, sir, I submit it, whether the
honorable gentleman is to be heatd to eontradict his own report ?
What do the witnesses say ? Tlfe Committee from New-York
state expressly, that the great mass of purchases were made be-
fore the 2d February, 1811, and their testimony is confirmed by
. all the other witnesses. The gentleman , says that the purchase*
made before the 2d November, 1811, could not have amounted to
any considerable quantity : because our importations from Great
Britain in the foil of 1810 were very large. It ought to be recol-
lected that the former Non-Importation Act expired in May,
1810, that our exports to Great Britain from the first day of Oc-
tober, 1^09, to the 30th of September, 1810, amounted to more
than twenty millions of dollars, that our exports to Spain and
Portugal sin the same period amounted to more than eleven mil-
lions, and that at lfeostthree fourths of our exports to Spain and
Portugal were returned in bills drawn upon England— is it to bo
wondered then that our importations from England in the fall
Mod winter of 1810 were large ? Does the gentleman believe that
all our exports were returned in those importations ? It is knpos-
liblc. But to prove that most of the goods lately imported were
purchased since the repeal of the orders in council, the gentle-
man adduces the testimony of the English merchants and manu-
facturers. It is worthy of remark that he expresses no doubt
as to the fairness and candor of their statements, and thus he
seems to have full confidence in their testimony. But what do
they say 2 Why, that they had conditional orders for the ship-
ment of goods. Grant that they had, and that all these goods
were shipped in consequence of such orders. How can that cir-
cumstance alteMhe equity of the ease, when it i* well know**

t *

112 CONGRESSIONAL REPORTER.

1hat the funds which were to pay for those goods were already
in England, and could be v^hdrawn in no other way than by
these importations. In my apprehension it makes no difference
in the equity of this case whether the goods were purchased be-
fo»e the 2d of February, 1811, or between that tirn^ and the re-
peal of the orders in council, or since the repeal of those, orders.
'When the merchants show me that these goods were purchased
in consequence of orders given previous to the declaration of
war, and were paid for by funds already in England, they shew
roe a case with the equity of which I am perfectly satisfied.
But I shall say more of this hereafter.

I am opposed to this resolution for various reasons. The
President in his message has Tecoramemled this subject to our
copsideration. The case is before us. The facts are understood.
We are competent to decide. It is in our power to do speedy
justice, and it is a good objection to this resolution, that there is
no reason why we should adopt it. What are the simple facts
before us ? On the second day of Feb, 1811, an act prohibiting
the importation of British goods into this country, went into op-
eration. The obj *t of the law was by distressing the manufac-
tures of Great Britain to compel her to relinquish her ofrders in
council. It is to be presumed that our government had full faith
in the efficacy of this measurer: and it was repeatedly and ex-
presily declared, that whenever the orders in council should be
repealed, the non-ipaportation act should cease to operate. I pre-
sume it will not be held to be a crime in our merchants to jiave
hoped that the non-importation act would answer its object and
that the orders in council would at some time be repealed. Npr
will they be deemed criminal in believing the declarations of Our
government, that when the orders in council should be repealed,
the non-importation act should be suspended. They did so hope,
they did so believe, apd in the ordinary couiise of commeree went
on to purchase English goods, and to yest their property in funds
ready to purchase English goodsj giving their agents directions
to ship the goods as soon as it might be lawful so to do. To
what amount the prpperty of our merchants might have accu-
mulated in England at the time the orders in council were re-
pealed cannot be afcertained probably with much precifion.
Some ettimate may however be formed from the amount of our
exports to that country since the non-importation act went into
operation. The amount of exports to Great-Britain from Oc-
tober 1, 1810, to Sept. 30, 181 I , was # 820,308,211 ,
Our exports to Spain and Porfhgal during the
fame period amounted to $18,266,4^6. It
is calculated that at lead three fourths of our
exporfl to Sjain and Portugal ^vere returned
in bills drawn on England i we may there-
tore add on this account 13,699,848

34,008,059

CONGRESSIONAL REPORTER. lp

But ourexports are eftimated by the value of the
articles in our own ports and m&ft amount to con-
fiderable more in a toriegn market I am inform-
ed by mercantile men of great refpefitability that
the freight, infurance and otter charges of trans-
portation at a very moderate calculation muft a-
mount to at lead 20 per ct. upon the value here*
We may. therefore add that account 6,801,611

i ■ ;

Total 840,809,670

. FromthelaftofO&.1810to the 2d of Feb. 1811, there was
no nonimportation a$tin force. But if we may fuppofe that
our exports to Spain, Portugal and England from O&pb'er %
1811 to April 5, 1812, (when the laft embargo was laid) a-
mounted to as much as they did from Oft. 1, 1810, to Feb. 2 f
1811,and it is believed they did to more,we may fafely calculate
that our merchants have fent to England property to the amount
of forty millions of dollars, at leaft fince the 2d February 1811.
On the 23d June 1812, the orders in council were; revoked.
The queftion then arofe among the agents of ,the merchants
whether they might in purfuarfce of their orders lawfully (hip
goods to this country. In makmgtup an opinion upon this ques-
tion they did not rely upon their own views of our laws ; they
applied to Mr. Ruffell* the agent of this government, for advice*
Mr. RuflHl gave it as his opinion, that (nipments might be made
with-Cafety. They accordinglylhipped large quantities of goods
to^his country. The goods arrived and were feized by govern-
ment for violating the non- importation a£t. Thefe are the naked
fa£ts,and they prefent to our confideration a queftion as novel as
it is important. Shall we confifcate these goods ? Or in other
words lnall we enforce the payment of thefe bonds ? There is a
Principle in the maritime juriiprudence of England, and I be-
lieve of all other nations, which feems to me to bfc applicable to
this cafe. In order to illuftrate it, I will fuppofe that foqneof
thefe goods were feized and labelled by the government on the
ground that they were found in a trade between this couotry and

* England after a declaration of war. If upon trial the govern-
ment would (hew that they were (hipped on account of an A-

, merican merchant aljter war was declared ; by a well fettled rule
of the law of nations they would prima facte be liable to com-
damnation. But if the importer could (hew that the goodswere
(hipped in confequence of orders given before the declaration of
war, and that it had not been in his power to countermand the
fliipment, itf would be a good defence and the goods muft be
cleared. The principle of this defence rtfts upon the innocenqe
of the importer. So in the cafe before us, thefe petitioners
(hew themfelves to be entirely innocent. Thefe goods were (hip-
ped to this country in confequence of orders that were innocent*
Vol, II.— No, 8. debates.

114 CONGRESSIONAL REPORTER.

ly given ; they were (hipped without the knowledge or content
of our merchants. And can any body fay they are guilty of a
wilful violation of the non-importation aft and (hall forfeit their'
goods ?|No guilt can be imputed to them unlefs you impute the
guilt of their agents.^ I think you are eftopped to do that* Be-
caufe the fame rule that would make them liable for^ the doings
of their agent, ought to make us liable for the doings of our
agent. If the agents of thofe importers have violated the ndn-
importation a£t, our agent Mr. Ruffdl has been at lead an accef.
fary before the fa£l. I a ? n therefore clearly of opinion that we
ought inftantly to cancel all bonds, that have been given for pro-
perty bona Sde American* 1 think both juftice and equity re-
quire it.

It feems to be admitted, on all hands, that the bonds given for
goods purchafed before the 2d February, 1811, ought to be re-
mitted. I apprehend it can be demonftrated th^t bonds given for
the goods purchaled since the repeal of the orders in council,
with funds already in England, are, in principle, equally entitled
to remiffion. Why are bonds in the firft clafs of cafes entitled to
remiffion ? If I underftand gentlemen, it is becauie the goods
%ere innocently purchafed, the oVders for their fhipment were
imiotent, and they were imported through' an innocent miftake
of the law. The principle refts upon the entire innocency ofthe
importers. The truth is, fir, the fa6is in this clafs of cafes are
too plain and fimple .to be mifimderftood, nd the juftice of the
claim too^ powerful to be refiftexl. For fuch is the nature ofthe
l?uman mind, that prejudice itfelf cannot prevail againft juftice,
unlefs the cohteft bp in the dark. I will now endeavor to fhow
that in principlethere is no difference between thefe two claffesof
cafes. Thfc joon-importation att forbade all perfons to import,
or put on board any lhip with interit to import from Great Brit-
ain X6 this country any goods, wares or merchandize whatever.
In all other refpe&s, it left the commerce ofthe country free and
> w unfhackled. Our merchants were at liberty to export the fur-
plus produce of the country to any part ©f the world, and,' to riif-
pofe of it as they pleafed. They had a right to receive for that
produce bills of exchange upon England, or fpecie ; and when
they received fpecie, they had a right to bring it into this coun-
try, and hete purchafe bilte of exchange upon England with
it, or remit the fpecie itfelf to England. Indeed they
were in fome meafure forced to place their fifnds in Eng-
land, or abandon commerce altogether. It is hnpoffible any man
fhould be fo wild and vifionary in his politics, as to fuppofe that
the whole furplus produce of this country could be carried tQ a
foreign market and there fold for fpecie. To confine our pro-
duce to fuch a fale* would be in fome meafure to deny it a mar-
ket, and it muft inevitably rdt in our ware-houfes and thereby
diftrefs our own country ten times as much as the moft en*
thufiaftic votary of the non-importation a£t could hope that aft
would diftrefs G. Britain* Individuals not engaged in our ex-

•

._>

CONGRESSIONAL REPORTER. 115

V i

port trade h^d a risht alfo to veft their money in bills of exchange
upon England, or remit their money to England in any manner
they pleafeQ. And* in doing all this, they finned neither againft
the letter nor the fpirit of the non-importation a£t, but innocent-
ly purfued the ordinary courfs of trade. It is true that thofe who
have purchafed goods, fince the repeal of the orders in council,
with funds already in England, might have fcnt thofe funds there
within intent ultimately to purchafe Britifh goods ; but they
cannot be charged with an intent even to purchafe, till it taigfat,
be lawful to fhip goods to this country. . The object of the non*
importation law wai to diftrefs the manufacturers of G. Britain
and thereby compel a repeal of the ^orders in council. Surely
the fimple a£t of placing fijnds in England had no tendency to
counteract, bfct rather to aid that objeCt- For if the manufaCt- \
urers were really diftreffed, to know that the tunds were ready
in the country to purchafe their goods, and relieve them, and
that a pertinacious adherence of their own government to the
orders in couricil was the only caufe why their goods were not
inftantly purchafed, woufyl tend to increafe their clamor and
difc6ntcnt, and in faCt to .aggravate their , diftrefs. I there-
fore confide r the pofition as incontrovertible, that it was as in -
nocent an aCi to place funds io England after the 2d Feb. 181 1,
as it was to purchafe goods before that time. The orders given
by the merchants te their agents were in fubftance the fame in
bothelaffesofcaies. The goods purchased before Feb 2d 1811 f
were ordered to be fhipped as fooq as it might be lawful fo to
do. The funds were ordered to be veiled in goods, and thofe

foods lent to this country as fooijas it might be lawful fo to do.
t only refrains to be fhown that goods parchafed after the re-
peal of the orders in council, might be as innocenUy fhipped to
this country as goods purchaled before the 2d Feb. 1811. To
purchafe goods in England was not prohibited by the ion-im-
portation aft,though it was not made penal to purchafe 'Brailh
gopds in this country, knowing them liable to be feized under
that a&. Thofe, therefore, who purchafed goods after the t e-
peal of the orders in council, did not thereby violate any law of
this country, To have purchafed before the repeal of those or-
ders, and while the non-importation aCt was in operation, might
be thought to have a tendency to counteract' the objeCt of that
aCt, by relieving Britifh manufacturers. But furely after tbe
orders in council were repealed, and the only avowed Object
of the non-importation act. obtained, an American merchant
might very rnnoceritly fuppofe that he did not by purchasing
Englifh goods, do anaCt that had any tendency whatever to
counteract thevieysof his own government. I think I may
fafely affirm, then, that thefe goods, were innocently purchafed.
Where then is the difference in the two elaflfes of cafes with regard
to the lhipment of the goods I I fee none. Both wereihipped
under an idea that it was lawful to fhip goods to this country r

116

CONGRESSIONAL REPORTER*

both were (hipped with the advice and confent of Mr. Ruffell ;
both were (hipped againftthe letter of the la w, and under the
fame mifapprehension of the law. How then is the importer
in the one cafe innocent, and in the other not ? It cannotbe —
there is in principle no diftin&ion between them.
I will now proceed to compare the cafet>f goods purchafed be-

% tween Feb. 2, 1811, and June 23, 1&12, with that of goods pur-

1 'chafed previous to Feb. 2, 181 L The only difference between
• this clafs of cafes and that of goods purchafed after June 2S 1812
is in the single circumftance of the time of purchafe- ; and the
fame remarks which have been applied to that clafs of goods, are
in all other refpedls applicable to this. The qudtion is, ought
that' circumftance to make a difference ? it may be admit-
ted, that to purchafe goods in England after the nonimportation

\ a£\ came ^n to operation, and btfore the. orders in council were
repealed, had in fome degree a tendency/ to counteract the views

, of this government. But, fir, 1 hold it to be a plain and obvi-
ous maxim, that in a free Rate no citizen is bound to take no-
tice of the views and policy of the government, any farther than
thofc views and that policy are clearly aud plainly exprefled in
the laws of the land* To punifh a man for an a& done not contra*
ry to law, but to the fuppoled views and policy of the govern-
ment, would be the very eiTence of tyranny. To the laws, and
the laws only, are our citizens to look fo^ our policy ; fo far as
the laws go,fo far are they bound to obey, but no farther. A-
dopt any other rule, and we have fought in v/un — in vain have
we bled for fteedom-r-our government is essentially tyrannical.
What could our citizens find in our laws on this fubjea: ? Why
fir, they could find, that it was, unlawful to import from G. B.
to the U. S. any goods, wares, or merchandize whatever ; that
it was unlawful to Ihip them with an intent to import them into
the United States; and that it was unlawful to, purchafe in this
country any goods, wares and merchandize imported into this
country contrary to law, knowing them to be fo imported. This
is all they could find. They found no other prohibition againft
the purchafe of goods in England with an intent to (hip them to
this country as foon as it might be lawful to (hip them. .They
were not,tberefore,bound to take notice that fuch an a&would re*
motely tend to thwart the views of this government. THis is
the only circumftance that can make any difference in principle
between this clafs of cafes and the other two. Unlefs then a
rule, which is in itfelf moft tyrannical and oppreffive, is to be ap-
applied to thisclafs, I may fafely conclude that the three clafses
are in principle fubftantially the fame, and that unlets we are
falfe to our own principles, if we remit in one cafe we ftiall remit
in all. v m »

With regard to bonds given for merchandize (hipped entirely
on Britifh account, I fay nothing, I ftand v not here the advo-
cate of any Briton ; I plead only the caufc of the honeft Amen*

< »>

CONGRESSIONAL REPORTER. 117

can merchant* DoSvith the fubje&s of Great Britain as you
pleafc ; but fpare, I implore you; tpare, your own citizens*
Good policy, in my opinion, requires that we fhould freely re,
mit in all cafes that are bona fide American. The merchants
are a powerful clafs of the community , ahd ought at this crifis
to be conciliated. At leaft we ought not to irritate them by
reading to:: them the bloody book of the law in the bitter letter*
Depend upon it, fir, our decifion will be confidered as evidence
of our difpofition towards commerce. Thefe petitioners are
comparatively few in number, but the merchants will confider it
as a common cafafe.

Thefe importers have placed an honorable confidence in the
juftice of their government. They refufed the aid, which opr pri-
vateers offered, to enable them to evade our laws ; confeious of
their uprightnefs, they have openly, and in the face of day, bro't
thefe goods into the country and placed them in our hands, tr lift-
ing that their own goverument would not rob them of goods,
which even an enemy had fpared. Sir, it would be difgracefui
to betray a confidence fo honorably and freely placed in us. But
if gentleman ftili think that we want money ; that we ought to
enforce the payment of thefe bonds, becaufe we have the power
to do it, I have only to beg them to remember, that it is excel-
lent to have a giant's strength, but it is tyrannous to use it Hie a
giant.

\ Monday 9 December 7.

Mr. M'KIM said, I beg the indulgence of the committee while
I offer a few observations on the subject under consideration. I
would not have troubled the committee with any remarks on a
subject that has already been fully and ably discussed, did I not
see principles contended for that, in my Judgment must lead to
an erroneous' decision. Under these impressions, I deem it a du-
ty I owe my constituents not to suffer a question to bo taken in
which their interests are so deeply concerned, without presenting
my views to the committee.

Mr. Chairman, in considering the question immtdiate&y before
the committee— whether we will adopt the report of the commit-
tee of Ways and Means, and refer the petitioners back to the
Secretary of the Treasury — the whole merits of the petition is
brought into view ; and another question is presented to the

mind, naitiely whether, under all the eircumstanees of the case,

the petitioners have committed such an offence against the laws
as will authorise an exaction of the penalties ? and to this point
my observations, will principally be directed.

Mr. Chairman, in the view I take of the subject, I discard all
calculations on the profits of the petitioners, as having no bearing
on the question to be decided. The profits go with the ownership
of the goods that produce them j aad whether the profits were

' ■ - -

118 CONGRESSIONAL REPORTER.

great or small, it can have- no effect in deciding a question of
right between an individual and i he. government. It has, indeed,
been intimated, that the- extraordinary profits made by the peti-
tioners on these goods, accrued from the existence of the non-
importation law, which precluded any seriow competition in the
market ; and therefore it Is reasonable that the petitioner should
yield up to the government the extraordinary profits, so acerui^.

Mr* Chairman, this does not apjter to me a correct view of the
subject. The law was not passed ior the benefit of the petition-
ers, but for the pnUie good ; and if individuals have accidentally
derived an extraordinary profit from the existence of a law, passed
for the public good, they are entitled to hold it. But the rule,
to he good, must work both ways. If it be just to take from the
petitioners the increased profits that have accrued frorn the ex-
istence of one restrictive law, thoa it will be just to indemnify
ibem for losses sustained by the operation of other restrictive
laws ; and in this view of the subject, the balance will be largely
against the government. I cannot decide this question by the
eompting-house principle of profit and loss ; but by the principles
of justice and of national policy, it must be all or nothing— there
must jbe a forfeiture or a release.

Mr. Chairman, the petitioners come before Congress as viola-
tors of the law ; they confess that they have imported goods that
were prohibited by law ; and unless circumstances can be shewn
that will bear their case out of the general principle, the penal-
ties of the law must bo inflicted— 1 am npt prepared to pass an
act of graee in their favor, if they be guilty* But if they have
incurred penalties without guilt, f am ready, as far as my rote
will go, to relieve them. What, then, were the circumstances
under which the petitioners imported these goods ? and what
were the motives that induced them to import goods prohibited
by law 2

]VJr. Chairman, I will answer this question by a concise history
of the transaction r The petitioners had their property in Eng-
land to a large amount— to an amount that in many instances,
if lost, would he ruinous to them— a war with England was con-
fidently expected to be on the point of breaking out. They saw
their property in danger of confiscation if it remained in the ene-
my's country ; and if not confiscated, that it must remain there
during the period of the war — In either case they could see no-
thing but ruin. And if they brought their property home in the
face of the law, it could not be worse with them — it eotild only
be ruin. In this difficulty and choice of dangers, the property
was shipped ; the petitioners chose rather to rely on their own
government for favor and indulgence than on the enemy. These
goods had been ordered upwards of two years ago ; and remit-
tances made, in payment of a large portion of them, when it was
lawful to order, and to pay for goods in that country : but they

CONGRESSIONAL

* *

119

r«".

were prevented from getting them home by thCfton-importation
act. Qn the 23d of June Fast, the British orders in council were
revoked j and it was generally understood that the non-importa-
tion act would cease with sueh revocation. The case was press-
ing with the petitioners ; the apprehension of war was great; and
the agents of the petitioners in England, without waiting to know
whether the revocation of the orders in council was satisfactory
to this government, shipped the" goods ; but, before they arrived,
war had intervened ; the non-importation act was not repealed,
and the goods were seized on their arrival in this country*

Mr. Chairman, these goods, while in England, were in the
hands of agents thefre, and subject to their disposal ; they were
out of the power and control off*the American owners. The
owners had no agency in giving them that direction that wrought
the forfeiture contended for ; on the contrary 1 , the American
owners {the petitioners J did every thing that was in thei* power
1o prevent a violation of the law. Their uniform instructions to
their agents were, not to ship their goods to this country while
the orders in council remained in force ; for, as 1 have already
said, it \t as understood that the non-importation law would cease
with th# revocation^ these orders. v In addition to the testimony
referred to by the committee in their report, going to prove the
respect for the laws, that governed the conduct of the petitioner*
in this transaction, I beg leave to read, from a report of the ex-
aminations in parliament on the subject of the orders in council,
sundry letters from American merchants, all which forbid, the
shipment of their goods, until the orders in f ouncil were repeal-
ed. These letters, written without .any view to have a bearing
on the question before this committee, brought foward in another
country, and for another purpose, is evidence of a high charac-
ter ; and so far as it goes, tends to acquit the petitioners of any
intention to introduce these goods in violation of the laws of tljeir
eountry.

Mr. Chairman, these goods were not attempted to be smuggled
into the country ; no, they eame boldly, in confidence that the
prohibition of British manufactures had ceased with the revoca-
tion of the orders in council j and \n confidence, that if the pro-
hibition had not, by any formal act, been repealed, their goods,
fleeing from the grasp of the enemy, would not be confiscated on
entering their own country. Was it a crime for the petitioners
thus to withdraw their property, on the eve of a war, from the
enemy's country, where it was in such danger of being lost to the

owners ; where it might have been employed by the enemy to
carry on a war against us ; and to place it in their own country,
whereat has yielded a handsome re Venue to the government ; and

where it may otherwise be usefully employed for the benefit of
the nation ? Surely this was not a crime. And I would ask, is
there an honorable gentleman in this House, ^hat would not have

120 CONGRESSIONAL REPORTER,

pursped the same coarse, under similar circumstances 7 and shall
ve punish others for what we, under similar circumstances,
would hare thought it right to hare done ? I hope not* There
is in the whole of this transaction a want of that intention to com-
mit a crime that is essential to the very nature of guilt ; and
"without guilt, I hope the Amcricau government will not set the
example of insisting punishment. It is the intention, or. motion
that marks the character of an act ; and not the act itself. If I
break into a bouse with intention to commit a crime (say warder
or robbery J the very act of breaking into the If ouse is a crime
punishable by the laws, although the murder or robbery was not
committed. But if the house, be on fire, and I break in for ths
purpose of saying the family, or to prevent the spread of that
destructive element, it will be no erime : no punishment will bo
inflicted; because there was no intention to do a criminal act. And
the petitioners appear before this committee under circumstance!
equally free from guilt, and equally entitled to be exempt from
punishment.

Mr. Chairman — It is true {hat the letter of the law has been
broken, goods have been brought into the country contrary to its
provisions ; but under such circumstances of necessity, such ap-
prehensions of ruin to the owners, if they were not brought ; and
with such purity of intention on their part, as ought, in my opifl-
fo», to avoid the penalties. The case of the American ship Hori-
zon will be remembered. At a time when British manufactures
were prohibited in France, this ship, laden with British manufac-
tures, was thrown on the coast of France by an act of Prori-
denee — where the vessel and cargo were confiscated, under the
prohibitory decree. Gentlemen will remember, the universal in- *
dignation that was excited by this inhuman act. It is true, that
the goods were not brought into this country by an act of Provi-
dence ; but the owners generally had 4s little agency in bringing
them in, as the owners of the Horizon had in casting that ship
on the coast of France. I hope the American government will
not sanction a procedure so nearly assimilated to one, on which
we have bestowed so mugh censure.

Mr. Chairman — I ask, what is there in this transaction that
•will warrant a forfeiture of the petitioners' property, thtte hro't
into the country, notwithstanding the non-importation law was
not repealed? The whole of the business was transacted by
agents in England, over whose acts the American owners could
have no control. No fraud was intended, no crime was commit-
ted, no injury was done to the public or to individuals^— both were
benefited. But the law was broken : How ? By the entry into oar
ports of goods, •American property, drawn from the enemy's conn-
try on the eve of war, under apprehensions of seizure, and fleeing
as it were from the grasp of the enemy. These goods, if they had
fremahied in the enemy's country, might have been turned against

CONGRESSIONAL REPORTER. 121

us, they might have been converted iota a meaiis of carrying on
the war. They have been brought home, and have yielded a target
sum to the revenue ; and otherwise liave contributed to the con-
venience and resources of the public and of individuals ; and shall
property brought into the country, under circumstances of such
necessity, and apprehension of danger, be forfeited ? I hope not.
I hope the representatives of a free people will never sanction a
procedure so cruel, not to say unjust.

Mr. Chairman — It may be asked, what objection can there be
to a reference of this case to the Secretary of the Treasury, un-
der the existing law empowering him to mitigate fines, penalties,
e and forfeitures, as proposed by the Committee of Ways and Means'}
Although I have the highest respect for the honorable Secreta-
ry, and ho gentleman, I am sure, has greater confidence in his in-
tegrity and talents than 1 have, yet as he has declined to aet in
the business, and the petitioners have thought proper to bring
their case before Congress, 1^ for one, am not willing to turn a
deaf ear to their complaint, and refer them back to the Secreta-
ry or. to any other tribunal. lam disposed to decide on their
case. * I do nottthink it wise or compatible with the principles of
our eiyil institutions to leave cases of sueh magnitude to the de-
cision of one man, however wise, capable and virtuous he may
be — he may err — a degree of imperfection attaches to human na-
ture in its best and most improved state. In mdst of the states,
it has been thought expedient to limit the sum on which an in-
dividual might legally decide, to a mere trifle. Few, if uny of
the states, suffer the amount of one hundred dollars to be decided
on, without a jury of twelve men ; and will this committee, in a
case amounting to twenty millions of dollars, and involving the
fate of an entire class of citizens, turn it over to the decision of
one man J I hope not. - ' •

Mr. Chairman— A distinction has been set up between cases of
goods shipped before a knowledge of the war in England, and
those shipped after a knowledge of that event. To my view there
is little difference between these classed ; aklthe latter class ap-
pears to me the most entitle^ to indulgence. The principal reas-
on for a release of the penalties in the former case, is the appre-
hension of danger* under which the goods were shipped ; and
this danger was not diminished by a knowledge that war had
taken place : on the contrary it was increased ; what was appre-
hended in the former case, was realized in the latter ; war had
broken out, and the petitioners' property lying in the enemy's
country, was exposed to all the dangers that result from a state
of war. I oannot agree to this distinction, as a principle of de-
cision. If a distinction is to be made, it ought to operate on pur-
chases made after a knowledge of the war. and not on the ship-
ment But I do not think a fine can well be drawn.

Air. Chairman— It has been intimated that the petitioners

12^ CONGRESSIONAL REPORTER.

have catered iJieforfkitures in the sales of their . goods ; that
they have sold at prices that will enable them to pay the forfeit-
ures ; that they have in this indirect manner levied a tax on the
consumers, in the amount of their respective proportions of the
forfeiture, and that it would be unjust to remit the forfeitures to
the petitioners, and again tax the consumers for money to meet
the expenses of tho government. I do not think this statement

\ eorreet ; I do not think the forfeitures have generally been cov-
ered by the sales ; but if they were, I would'observe, that the pe-
titioners are also consumers, tjiat they live generally in eommer-.
cial cities, that they raise nothing from the ml for the clotbiog
or provision of their families, and of course; consume largely or
imported articles, and as consumers have borne their full pro-
portion of the forfeitures, and will participate on equal terms
with others in any new tax that may be laid. " \

Mr* Chairman — It has been observed, that a release of the
penalties in this case would break down the restrictive system on
which so much reliance has been placed. That we could not af-
ter such release exact penalties from others who may cotitraveife
the .laws. I confess I^o not see the force pf this objection-; the
petitioners have a claim to indulgence that cannot again be set up
—their goods were brought into the country under an impression
of an immediate war,- to get them out of the enemy's power, and

, under a persuasion that pur prohibitory law had ceased to oper-

ate. These are circumstances that cannot again happen, and
'.. that plead loudly in favor of the petitioners— the danger is pew
known, none, can fall into it unawares, none can hereafter plead
3 like necessity.

Mr. Chairman — Under every view I have been able to take of
the subject, it appears to me, that the petitioners are certainly
-' entitled to relief, and under this impression, I am disposed to give
my vote against the report of the committee, and if the proposi-
tion mentioned by the honorable chairman of that * committee,
for a general release in alii cases of American property shall be
brought forward, I will give it my firm support.''

♦. .

Debate on the New Army Bill.

/ TUESDAY, Dec. 29, 1812.

' The Houfe refolved itfelf into a committee of the whole, Mr.
Desha in the chair, on the bill 4t fiipplementary to thea6tfor
the more perfe6l organization of the army of the United States,
and on the bill *' in addition to the a6t for raifingan additional
military force.' 1 '

The bills having been read through, a motion was made by

•

CONGRESSIONAL RJ&PORTER. 123"

6r. 3D. R. Williams to fill the blanks in the 'firft bill, as he-
re Rated. The queftion having been ftated~
Mr. D. R. WILLIAMS faicj, the e^barraOment whichTie
k on the prefect occafion, was not of an ordinary kind-^-he
as Vo f olemnly impreffed with the importance of the fubjefl
rfore the committee, he was fedrful its fuccef3 might in fome r
egrec depend on his efforts to fuftain it-— and ^ feeling that the
rtereft, perhaps the chara&er of his country might be commit-
*d by the decifion, he was humbled that its caufe could not by
im be more ably fupported. He felt however fome confidence
*>m the circumftance that the military .committee was entitled
3 the candor of the Houfe ; becaufe it had not prefented mere
ragments to be afled on in detail, but a fyftem on which to
eft the future profecuti®rt of the war. An explanation of its
nerits, front the relation in which he flood to that committee,
fas probably expe&ed of him. /

Without going back to the unavoidable and juft caufes of the
»ar in which we were engaged, he would prcfumc it was the
>hje& of alii to terminate it fuccefsfully, and that there now re-
Rained no other mode, than to call into -the field a force ade-
juate to the command of every honorable objeft. The force
pas abundant throughout the community, tofecure, if direfled
irith fkill, fpirit and enterprize, our defence every where % and,
by offence, to make the enemy feel it had become his intereft to
ibflain from plunder and oppreffion.

To effe£t the firft great objedl, defence of the expofed parts,
it ftruck him as of primary importance, that the whole jufifdic-
fional limits of the, U. States (hould be divided into military dif.
tri6ts, that the Command of each fhould be-entrufted to an intel-
ligent officer, who fhould have .under* his^ommand certain por-
tions of artillery and infantry of the regular army — that in each
diflrif), there fhould be a fufficient number of cannon mounted
on travelling carriages, which could be rapidly directed to luch
parts as may be threatened*— and art engineer to devife the plans
and fuperintend the ^redlion of fuch works of defence as may
be ncceffary. Thefe would form the rallying points of defence
in periods of danger, and will be fure to meet the approbation
of the whole country. When it fhall have placed before it
proofs, that the protecting arm of government is .every where
Extended, it will beftow in return its confidence and attachment;
For this ©bjjeft alfo the care of government cannot be too early
dire&ed to the'Eaft Florida frontier ; there danger already ex-
His. In its prefcnt ftate, it is improvable by the enemy to our
fffential injury ; it is perfeflly within his control for every mil-
itary purpofe he may contemplate, and will require an equal
force, whether occupied by the U. States or not. He would ex*
tmplify more in dAtail his views on the fubjeflt of defence, by enu-
merating the military *diftri£ts 2nd the kail number of troops

«£>

124 CONGRESSIONAL REPORTER.

which ought to pe ftationed in each. ' If the reprefeatativcsfroi
thofe diftri£ts (hall object that the number of troops alotted i
each was too fmall, and be felt confident fome of them would-
he replied, fuch obfedion fervtd only to flrengthen hisargumal
and the more fatisfa&orily proves the prefent military eftablifti
ment inefficient and that it ought to be increafed* He requellj
ed it might be rccolletted his obfervations were intended to api
ply to all the bills or fyftem he had reported, becaufe they wcrt
all in fome meafure pendent on the fuccefs of the prefent mo
tion. To Bofton diftrift, including Portsmouth and the whoh
flate of Maflachufetts, 600. To Newport, including the ftates
of Connefticut and Rhode-Ifland, 600. To New- York, inclu :
five of that flate and New-Jerfey 1,000. To Philadelphia, con*
prifirig the ftates of Pennfylvania and Delaware, 400. To Bait*
more, Annapolis, Norfolk, including Maryland and Virginia,
500. To Chariefton, including North and South Carolina, 400
To Savannah and the Eaft Florida frontier. 2000. To Ne*.
Orleans, comprifing Mobille, W. Florida and Natchitoches,
2500. To Detroit and all the W. frontier, 2000, making an ag-
gregate of 10,000 regulars. Thefe taken from the eftablifomei*
already provided for, leaves a force of 25,000. The difference
between the numbers enlifted, and effective men, is very mate-
rial > in no fervice, however actual, is it eftimated atj, lefs than
one fourth, with new levies at leaft one third : deduct only 10r
OO&trom the whole number provided for, we fhall, luppofmg
our ranks filled, have in the field only 15,000 that can be direc-
ted againft Niagara, Kingfton, Montreal, Lower Canada ana
Halifax. Is that number Sufficient for the purpofes of S ^ 1 **
ment ? This mud depend upon the number and quality 01 the
oppofing force. It ought not to be eftimated that the regute
force in Upper and Lower Canada is lets than 12.000 ; hefioes
theie there are feveral thoufand militia, and at Halifax 3000 reg-
ulars. To drive this force from the field yoafhould crote
the St. Lawrence with a well appointed army twenty thouiana
ftrong, with a referve, always defirable, with raw troops mp
penfable,of 10,000. We ought to calculate on peace. Adraw-
iftration have in vairt fued for it, through Mr. Rufleil* even attflc
expenceofthefarcaftiefheersof the Britifh minifter; gt*
then prepare in good earneft for war. If the fpring (hall not toro
with it peace, the campaign muft open in a ftyle of vigor ana
force calculated to infpire confidence of fuccefe among ourlelvw
and awe in the enemy. The refult of fuch a ftate of &&&/£ \
be as favorable to us, by depreffing the fpirits of the ^ 1 JfjS!
as by making our own troops undaunted — nothing muft be OTj
to chance that is within the compafs of our means— we muu<H>
ferve to be fortunate. To be fucccssful our movements evcrr
where muft be in concert ; at the fame moment we move
Canada, a corps of 10,000 men fhould from the Province w
Maine threaten Halifax ; as a diverfion it will indifputaoiy

CONGRESSIONAL REPORTER. - 125

lilt ; fuch a force, if difregarded by the enemy truftiog to the
uppofed difficulty of approach, will be competent to the reduct-
ion of Halifax. ,

The character of our government had been fo deprc ffed in
Europe, not more by foreign than by domeftic mifreprefentation
is much even within thefc walls as without them, it had becpme
neceflary to make war, to place our backs againft the wall and
prove to European marauders, there is a point beyond which
we will not recede* This good the war has accomplifhed ; but
it has become more than ever, neceffary to prove that, we will
Dot only declare war, but can profecute it with energy and cour-
ageous enterprize. The honor, the character of the nation re-
quire that the Britiih power on our borders (hall be demolifhed
in the next campaign — her American provinces once wrefted
from her, every attempt to recover them will be chimerical, ex-
cept thro' negotiation. The road to peace then lies through
Canada* When we (hall once be in pofleflion of it, peace, hon-
orable peace, the fole object of us all is fecured. But fome gen-
tlemen affect a fympathy for the Canadians — why, lay they, will
you make war on them ? They have not injured us. Ndr,fir,
has the Britiih tar injured us, although he is the inftrument of
plunder and impreffment. It is to conquer the fovereignty of
of the foil, to raze the Britifh power, to reach by fuch means her
profligate knd unjuft miniftry , that war is waged at all—- the un-
armed will never fall on American bayonets — it is not againft
the people of either Canada or Great Britain, but againft the
Englifh fubject in arms, that the war is directed. By phyfical
ijorce then alone can we proceed. Mr. W; here recapitulated
at fome length the amount of the force provided and that which
was necessary for the various objects that fhould be accomplifh-
ed, (hewing that at leaft twenty thouland additional regulars
ought to be authorized. How, asked he, lhall this deficiency
be fupplied 2 Shall we rely on the militia ? Sound policy not lefs
than experience, forbids a draft on them for permanent fervice.
However valuable they are for fudden emergencies, and in this
way too much reliance cannot be placed on them ; economy,
hoth to them and the government, forbid their ufe for other
purpofes Their ftate of difcipline and|infubordin?tion, (except in
tie feoe of danger, )circumfbances growing out of the freedom
of oar inftitutions ; the wafte of public property, which he could
illoftrateby ftrong facts, all unite to diffuade us from this refort.
Call them out on fhort terms of duty, for fo much time is loft in
marching to and from the places of Rendezvous you are fubject
to pay nearly double the force neceffary to maintain any one
point— make the term of fervice long, and you difproportioit
the burthen of the war. In fhort, the great mafs who form the
militia will find it cheaper to pay regulars than fight themfelves.
Shall we atty longer deceive ourfelves \>y a further dependence

•1

126

CONGRESSIONAL REPORTER.

on the abfurd volunteer acts ? Experience is equally, warnii
on them. Though thouiands of our brave countrymen, M
Chairman, havetrufhed to the field of danger, it was certain!
not under the volunteer acts — if ever one scheme was better d
culated to deceive its authors than another, this furely is i*. T
lay nothing about its unconttitutional character, it is a miferabl
contrivance, perfectly nugatory, except to accomplif h difappoitf
Jhent< Without a head; its operations, to say the leaft of then
begin at the wrong end. The people are to manage the affair-
to affociate — to earoll tbemfelves — to recommend officers. Oi
ganife a regiment t it will be made up of fach difcqrdant infubardS
nate materials, Grangers to and ignorant of each other, confi
dence cannot exift in it ; but, above ail, the yolunteer istoifl
dent himfrlf for three years for the performance of one yearl
fervice. Repeal thefe a£ts as the bill prop6fts, with a refetva
tion of the rights that have accrued under them, and the feroce?
to the government of the men who have enrolled themfelves-
and, in their ftead, authorife 3 corps of 20,000 men of an efi

. cient regular character." When the colonels shall have been
fele&ed for their virtues and influence, give to them the fdec-
tion of v thcir officers — they can better judge wherought to con».
mand, and who can raife men in their own neighborhood, that
the Prefident or the Senate. This mode will only change tb<
appointment of officers, from individual members of Congrcfi
to the colonels, who certainly will be more fcrupulous who hi
associates with him in danger, than any other can be: the]
may be fafely intrufted with this power, under the approbation
of the Prefident. With fuch provifion t}ie corps can be raifd
almoft as foon as the officers can be nominated by the PrcficM
approved by the Senate, and goto miffioned by the Secretary j
War. The term of enlift mentis, confeffedly, not the moftef
igibleto form fokliers; but, in as much as it is doubtful

* whether you can get a force fufficientljr ftrong on a long period)
the prefent is propofed. But for tlie/gallant and.brave patriot cj
thfe revolution before him (CoK Sftuart) he fbould have omitttc

. toadd, this mode was found the moft efficacious to raifc men,
during the revolutionary war : having been tefted by ^P^
ence it may again be relied dn.

Having (hewn the neceffity of augmenting the regular fctc*
it was equally material to provide for filling the ranks, and ftj
keeping them at }heir full complement when filled. With"?
view was the firft fection introduced. The greateft evil, w*
dent to the^recruiting fcrvice, refults fram the number of period
to whom the public money was neceffarily diftribtrted; in PJ
portion to the number of perfonswith whom it is intrufted,
be its 'mifapplication. To remedy .this, it is propofed to
point officers to each regkfient, for that particular puipofe, in
way different from th6fe already appointed, who fliallbe eflii

CONGRESSIONAL REPORTER. J27

ployed in recruiting f6r their refpecfive regiments; thefe to be
under the order of a major, who lhall receive and be accounta-
ble for the iflueof money and clothes for that fervice* The
ranks filled, thsprefence of all the officers on the prefent eftab-
lifhment will be indiffcenfable, as in our fervice the proportion of
priyates to the officers is greater than in any other Jervice what-
ever. The new organization which was given to the army at
the laft feffion, increafed the number of privates in each compa-
ny without a correfporiding increafe of officers. If two lieuten-
ants were neceffary in a company, for the purpdfe o£ difeipline
and recruiting, when it confifted only of fixty-four privates, af-
furedly three are as much fo now it is raifed to ninety. The re-
cruits as fall as they are enlifted ipay be concentrated under the
eye of the major, where they may be exercifedand drilled,
fb that when he joins the regiment, they will be qualified to en-
• ter the ranks and face the enemy.

He expe£led to hear it obje6led, that thefe additional officers
were unnefceffary, feeing the regimerits were not full. He appre-
hended this objedlion was more fpecious than lqlid. Conlider-
inp all the circumftances in relation to the army, the period when
raifcd and how officered, he believed, fuppofing the regiment*
Only half filled, it was indifpenfably necefsary, the officers fhould
be constantly with them. ^ He was much miftaken if the officers
were not as raw as the private fqldiers— it was as important they
jhould be familiar with the duties* as they whom thdy are to
command. It would be nothing short of butchery to fend brave
men into the field, under fuch circumftances, when in our pow-
er to avoid them. All the dollars and cents you will lave, by
1-efufing these few additional officers, would not be~ werth the
life of a finglfc man, to fey nothing of the pbffible flaughter of
thoufands without them. Of neceffity, our officers need inflec-
tion — thev fhould be' devoted to it during the winter— they can
be no where fo beneficially employed as with their regiments
on duty. It is the quality, not the number pf^the troops, that
(ecu res and improves victory. \ " ,

One other object ion he could anticipate— perhaps thqfe who
could fnerr at the difafters and misfortunes of the late campaign >
may objeft that there is no encouragement to vote additional
forces, feeing thofc which have been already raifed^ have been
fo illy employed. It becomes us all to be equally faithful to omr
country/whether her arms are vifctorious or not ; it is in times
of difcomfiture that the patriot's refolution and virtues are moft v
needed. It is no matter by what party names wearediftin-
^uiflhed ; this is our country — we are children of the fame fam-
ily, and ought to be brothers in a common caufe. The pis-
fortune which befalls one portion fhould fink deep in the hearts
of the others alfo* What misfortune fo great as the lofs of char-
"after ! If we (hall forget our impatience under diferace, and

w •

128 CONGRESSIONAL REPORTER.

look back on the events that have pa (Ted, with 6nly as much
candor as becomes us, this obje6Uon muft vanifh. Under the
circumftances in wliich it found itfelf, without experience, ei-
ther in itfelf or others to guide it, adminiftration ought not to be
$enfured for the bad military appointments it may have made,
however much it may deferve, if it ihall retain men in employ,
when found incapable todifcharge the duties entrufted to them.
He wasfearlefs of contradiction in declaring, all our difafters
iprung from a caufe which no man in the nation could have an-
ticipated — it was next to impolfiblp any human being couk! h&ve
forcfeen, much lefs provided againft It was with pain and re.
lu&ance he felt it his duty to fpeak of an officer fallen and dis-
grace J— -he wifhed he could difcoyer any caufe for the furrender
of Detroit, lefs heinous than treachery or cowardice-^between
them he faw nothing to choofe. Juftice will hereafter, if party
heat denies it now, pronounce the plan of the campaign, as en-
trusted to Gen. Hull, easy to be accomplished and judicious. in its
objects. The commnndapt was furnished with every means ne-
cessary for success— with money* men, provisions and munitioas
of war in abundance. What better mode could have been adop-
ted, to prevent Indian hostility and intercept British supplies of
the instruments of massacre ! That jour army had not been pro-
truded beyond the point with which communications could hare
been maintained, is evident from the events which followed. What
-was there to mar success ? Nothing ! The commandant at Mai-
den needed only an apology to surrender ! What if the other Hull
bad commanded ? Every thing would have fallen before him—
great science was no.t neeessary ; courage and faithfulness would
have accomplished every thing. A train of heavy artillery was
not required to batter a breach for the assault; ; it was not neces-
sary to fire a single gun — not a cartridge need have been expend-
ed — the bayonet alone was adequate to have taken Maiden at any
hour from the moment the America^ army crossed into Canada,
till its most shameful retreat. The fort was not enclosed !— one
entire side was opeti to assault ! Yes, sir, had the brave Hull,
who bore your" thunder on the mountain wave/ 9 directed the
valor of that army* he would have poured the storm of victory
resistless on the foe. This black deed, without a battle, was
consummated in the solicitous surrender of the brave corps which
wore hastening to his relief ; these, too, were arrested and thrown
back on the community, leaving the whole western frontier expos-
ed to savage inroad. Hence all our misfortunes ! After this, will
it be contended that the accidental appointment of an improper
agent shall cause a refusal of the force necessary to drag our
drowned honor up from the ocean of infamy in which it has been
plunged ? Impossible ! Economy of life and treasure call for t
vigorous campaign — away with lifeless expedients ; miserable in-
ertness must be banished—zeal and energy must be infused ev-
ery where. One protracted campaign will cost twenty fold more

CONGRESSIONAL REPORTER.

145

ed effect if adhered to. Yon h&ve always got the better of the ar-
gument ; you "have better proclamations.;; b»t what avails all
this ? Britain has impressed your seamen, and given you blows
for good words. Yqu have been heretofore told your paper meas-
ures were worth nothing : now, that it is proposed to give blow
for blow, what is said ? That you' are departing from the pacific
system.* which the same persons before reprobated* and to wbieh
they have become friendly only after every attempt . at paeifioa-
tion has failed. Sir,. we are now engaged in war, and we must
succeed or We must yield the rights of sailors and free trade.
Does any man doubt th^t the war is justly, undertaken ? Is there
a man in the nation — I care not of what political sect, tnany as
there are—who believes that the war is not undertaken on just
grounds— that we had not borne with their indignities till we
could have borne them no longer ? After plundering yonrpvopevr
ty and impreffing your fcamen on the ocean, their agents have
been lent into this nation tofovy divifions among us, who ought
to be but one family. What crime has beeri left undone ? What
injury have we not luffered ? Could one be addtd to the -cata-
logue ? It dems to me not. No mkn loves peace more than
I do, and if it had not been for G- Britain fending her agents to
our fire fides, Idoftot know but Uhould have voted againlf the
war. It feemed to me like an attejmpt on a man's daughter. Not
content with vexing anxl harrafflhg you whenever yp{\ went
from home, they come here to put ftrife into your family. You
have:been told, that the Prince Regent and his minifters are firm,
Sir, we never calculated on their receding, but oriahe energies
and the force of the nation to obtain redrefs, and if we had been
united we ftiould have equalled our moft fangurie tipetlations.
Let us follow their example, and determine to maintain our na-
tional rights, as they do to maintain their ufurpatiohs on them.

With refpefl to the term of fervice, enUftments for one year
will look as if we were afraid to go the wholeiength of the war.
Railing men for five years would 1 convince the enemy you
meant to maintain and enforce your rights ; but while you take
men for one year or eighteen months, they will think we are
temporifing, and inftead of lowering their tone, by this means
you wiU raife it. Exa£Uy as you appear fickle, the v will unite,
and as you difplay energy, you will difonite them. Do rto^ lool-
en your gralp in any quarter, but inereafe it in every way within
your power.-Mr. M. concluded his remarks by moving to (irike
out one and infert five.

Mr. CLAY feconded the motion of Mr. Macon toftrike
out one year and infert five as the terrn of enliftment, ; He laid
an army ought to be feafoned before it was carried into the field.
We have heard much laid, obferved he, about ficknefs in your -
army ; much of tl>e ficknefs fome time ago at New-Orl ar,s and
much lately of the ficknefs at Plattlburg. Have you ever heard

Vot# Hi— No* 9. DEBATES.

«. i

1*5 . CONGRESSIONAL REPORTER. -

of an army oh earth chat was carried into the field before it had
been feaofned in the camp* It rauft, to be good for any thing,
be difeiplined in camp; and become inured to the mode of tir-
ing ana the fore of foldiers; It will takefome time to feafon men
to the ch*itg£ in their mode of living which muft take place on
[ofag into camp. - It will take a year to prepare them for the
ield. Without difcipline they will be ufelefs. Your fcamen
are brave and fuccefsful becaufe they know what they go to Tea
for. Take a landfman on board a (hip|and what fort of a failor
will he make 7 Stich as the French have on board their vcfftls,
We take no man into the navy but who underftaods his bufmefs
and the purpofe for which he goes there ; and we fee the eflc&s
of it* I do not wi(h it understood, fir, if I vote againft the bill,
that 1 am oppofcd to the war* No, fir ; it is a righteous war,
into which I go with band and heart. We may differ about the
mode, but that is all/ I fpeak from experience more than from
any thing cite. Let us raise a fufficient army to ferve during the
war, be it long or fhort It is abfurd to fuppofe wc fliall not
iuccetd in our enterprise Againft the enemy's province$. We
have the Canadas as much under our command as fhe has the
ocean ; and the way to conquer her on the ocean is to drive her
from the land. I am not for flopping at Quebec or any where
fife; but I would take the whole continent from them, andafk
them no favors. Her fleets cannot then rendezvous at Halifax
as now, and having no place of refort in the North, cannot infeft
our coaft as they ha ve lately done* It is as eafy to conquer
them^on the land, as their whole navy could conquer ours
on the ocean. As to coping with them at fea. we cannot do it.
We can annoy them, but to meet them on the open lea. f
would meet diem and hurt them, however, where we can. We
muft take the continent from them. I with never to fee a peace
till we do. .God has given us the power and the means ; we
are to blame if we do not ufe them. If we get the continent,
ihe muft allow us the freedom of the fea. I hope, fir, the amend-
ment of my friend from N. Carolina, going to make this army
Efficient, may be adopted.

Mr. Pl K 4%4L n ts laid before the queftion was taken, he will-
ed to fubmit a few of the reafons why he was oppofed to the a-
mendment. The queftion before the Houfe, if he correfWy un-
^ derftood it, was not, what were the bell materials of which to
make an army— whether men for "the war for 5 ycafir$ f or fix
twelve months ; but the queftion was, what is the kind of force
and for what fcngth of time can you raife an army, to take the
field at the earlieft period ? I hefitate not a moment, faid Mr*
- P. to declare that if it were within the compafs of our ability to
raiie an army for five years tyf voting it, I would authorife it-
Not a moment fhould I doubt on the futye&. The hiftory of
the world it ftrongly in favor of fuch an £rmy. But we pcrfeQ*

CONGRESSIONAL REPORTER. X®

ly kftowr fa*** the prpgrefaoftberecruuing fefvice, that we have
already authoftfed as many men oftbatdefcripuonas we (hall
pr^ably be able to raife. This force is wanted to render the
next eampaig^efficiew I coafider the W merely as a fubffi-
tute for the volunteer lyftem heretofore purfued. Of what raa-

S?«SJ! , ,L t H ar, ? y be-oqwofcd?- Of young mm ready to
volonteer their feryices for one year in the form of regulars* &

JS^SL" mm ?. fes W W* hu «<Ired men will enlift in this
corps who would irotehhft for five years or for the war., I am
languine in the opinion that this meafure, if now adopted, will

Si^rL— *¥*■ °£ the . P fefent volunteer fyttemvand J am
S3Jl?A '« * at , und «;rta force may be drawn into thefieW
ready toacl efficiently m the next campaign, lam not one of
tnoie, ur» notwithftanding the accounts we have heard ©Four
Sfei S. h ? dd fc ur of *° ^Public If we^urn to hiftory we
SSSSi? 81 W f u ave n e*er engaged in any war in which we
tove come put better in the firft campaign than we have ij:

!Sf ; JfcSft."* rH war un ,&f the *ri\fi<x* oFGeneral Wafhing?
SJRSa* 1>ldians ' Wh at was the hittory of it I We alt
-tStSL?? cam Pj»^ " n der Harraar, and lis bloody fcenes.
tJ&J^T?*? updc f St'-CIwr cannot be forgotten. We then
Offered defeat upon defeat, diMerupon difcfer.inthe *ourfo
S i •fo W ^L whl P l ? wasnot terminated tijl the treaty of GrenvUte
,f 1 J3 tbou ii n may.be faid,to have virtually terminated by .
SiSShl! 8 $** * *?' lnd « n S.under Gen. Wayne. , If thk
STKZin!^ 8 t0 5° ,nto i hc «■*** fe««*and handle (ball
!Lt£? ? Qrt W. demonstrate to the enemy all we want to
S?h>wL her . of * ^ xt J? w reality her intereft tc-beatpeace

SnSioM 0un i r> '- * hop< a. fir * the "^w to amend tte bill wiU
not prevail. I am perfeaiy convinced that the bill Jisit is wiU

^ts. ^.?i U Yfr 11 ^ *T« «» *«vicc,and lam CuigjuW
m the hope that w«h its aid, toother wkhthe other force we
ttan have, we may clear the comment of the enemy's domin-
ie }™n e <»^»gn,thoughr do no^ und>nal» to predia that

J0£u G0L P kid the annals of this government* the laftiix
tKSfft 9 ( > m ^epcingxvith the deferatkm of vw», would be found
tnemcAinterefting.tbemoftdeplorablej • -

&f ^ y ; fr ^twittiftandwg all the arguments msed on
Iff ^maW? 1 fo much zeal "W* cl «ia«ice, time has diffipa-
eVrid l l th «* , J ,u » 0D s h»w vanifljed .; your army fo confidently
;«,« uT <Rd B ?> untk ;f . the ^a**** «f that dechuation, fbring
I ISS^'* 1 ?**^. ^^ condiuoa of your e^idments wowl<] not. I
2Er £* atth, shour,iulhfythedeclaraMo»ofwaT. We have
*?«?».- ^cond^^cd in a manner well to comport witfc
ene tpint m which it was declared ; dhafter npon difafter in ± -

cj V "" ' " ™«» ucciarca ; auaiter upon dUattrr to rap-
.ucctmon have followed ; the tone and heart of the country

148

CONGRESSIONAL REPORTER.

broken; univerfal dif^uft at the paft, and deep concern an'.! anx-
iety for the future prevail every where-

And what Mr. Speaker, is now propofed/br tfie futhrt^that
is to retrieve our affairs — on what are our hopes to reft ?. A>n ar*
my of twelve months men ! A broken rerd I An army and
term of fervice, ivhich well nigh, loft the country in the r< volt).
tionary war ; an army which in every itep and ftage of that war'
received the uniform and reiterated tenlure anil condemnation"
of WafhinRton, and every intelligent officer of that period ; an
army that ftpnds recorded by every hiftorian of that war with
deep reproach and reprobation. Such isfhe foundation of our
future hopes ; (hutting our eyes upon the leilbns of experience,'
We live but to repeat former errors and renew our Coffering**.-*
Shall we never learn, ti »at a (oldier is n6t the creature of an hour ;
that he muft be kafonrfl totbe hardfhips of 'war : that to remove
your recruit from his fire fide, from liis plentiful board, and all
the comforts with which he is furrounded, to the theatre offer
.yice, tlu r« to deep on the ground or in tents, with two or thrre
&.icles of fubfiftence only, is to give him up a viilim to dikaf*,
to confign him to the grave ? This precife relult is pref-nud to
the mind by the melancholy review of the laft 'campaign ;
difiafe and death have vvalkt-d abroad in our amies on the.
frontier ; they have beer* (wept to the grave as by the be-
fom of deftru£\ion. It has not flopped wich your army ; the
frontier inhabitants infc£led by the dif afes of the camp,
iy from the deadly theatre as from adytlioying Angfl !
Shall 'we never learn the difference betwern our fi(uation,
and ttet of nations who have a competent military eftahlifhment
fufficient at all times for both otRmfive and ( lefeniive operations ?

The (lender militaiy.eftablifhmentof the United Sates, whiltt
it confults economy and favors the genius of the g^vermrent,
forbids a hafty rt fort to war».efpeeially extra- territorial and ofleu-
five war ; time for preparation, after the mcafure is refolved on,
is indifpenfable, and a difn gard of bur fituatton in this refpeft
cannot fail to produce defeat and difaftar— to produce fuch a
campaign as has juft nfwclofed.

But Mr. Speaker, wherefore change the term of enliftment,
fromfi%e year* or during (he war, to one year ? The Me a*
vowed object of the war. by land was the conqt it ft of the Cica-
das. Are you at this he»ur nearer your objefcl than on the (lay
j*ou declared war, or \&$ that ohj tt,wirh a ih ady and fure pace,
conftantly receded frefm you as you have advanced in the war'
Is Canada fo far conquered that you can now reduce the term of
enlistment f Itis impoflible to ihut Gur eyes on the paft ; while
all is dilgoft and defpondency with o«r own citizens — fickofihe
paft, and concerned for the future — while every poll brings to
the cabinet fearful and. alarming changes in- the f ntiments
of the people under this ill-fated ^var— <your enemy the

M^MKI. At

CONGRESSIONAL REPORTER. 149

Canadians tal^e courage, their wavering fentiments have be-
come refolved, and union in defence or their lire fides, the land
that gives them bread \ is fpreacfiog andcenjenting all in thfc pat-
riotic vow.

There was a time, fir, when you had friends in the Upper
Province ; there were manjr who wifhea well to your arms,
and would have greeted your approach, but the ill-fated policy
which precipitated tvery thing, which, in zeal far the end <n;$r-
hoked the means ^ has blafted all our hopes from that quarter ;
the Canadian, while he knows your power, diftrufts your wil>
dom and your capacity* tocondudt the w^ar — he dares not
commit himfelf, his all, to fuch aufpices. Hence, fir, difficulties
thicken on every fide, and at leaft three times the force is now
neceflary to effi £t the conqueft, which vvould have been requir-
ed at the commencement of the war. Have we made an im-
preffion on the Prince Regent and h*s miniftry ? are they no%
more difpofed to fuccumb and accept your terms than* before the
war? How (land the people df the Bririlh Empire ? .Inftead of
their coercing the government into our terms, wfyich we fondly
anticipated, the late elctlion to Parliament (hews them difpofed
to go hand m hand with the government in refilling our claims,
and mfli&ing on us all the evils ot war. " Maratime Rights'*
are echoed andje. echoed with applaufe throughout the Empire
—Such, fir, are the bitter fruits of your policy, and to what far-
ther point the fame hand fhall condufil the dtftinies of the coun-
try, remains to be feen.

I leek not- toaggravate the mifconduft of the war, nor to com*
mend our enemies, but only with, fir, that we may lee things as
they are, our a&ual fituation, and thus look danger in the face.
Do you perfervere in the conqutft of Canada ? Pafs not the bar-
rier with an army of lefs than forty-five or fifty thoufand men : if
you do, in my apprehenfion, the defeats and difaflers of the palt
campaign will be vifited upon you — another army will be made
lo pafs under the yoke, and at the end of the year, you will find
jrourfelf ftill further removed from your objeS. Tlie tug of war
is now placed fairly before us, we cannot advance without
meeting it. Suchi Mr- Speaker, are the grounds on which I
obje& to this twelve months army ; it is not adapted to the pro-
felled objcQ of the war, the conqueft of Canada. Is there, fir,
any other objefil in contemplation of the government ; any oth*
tr land of leeks and onions y which Heaven has given us, or to
which our deftinies lead ? Is the fouth of eafier acctfs than the
north, and is the circle of ljpftiliy to be extended to that quarter ?
We profess a pacific policy ; Moderation and juftice are our
boaft ; let us beware how we commit to the h^sard this high
and enviable charader ; how we yield, on fpecious grounds, to
that mad and vleftruftive policy, which we reprobate in others ;
la policy which has in all periods overwhelmed nations with ca*

» CONGRESSIONAL REPORTER.

ity. and (Welled the tide of human mifery. Bat it is 6id f
Mr. Ruflell, late charge d*affairs at St. James' has evinced
moderation of our government, that he tendered to the Brit-
toinifter a propofition which, by excluding Britifh feamen
n our ships, would cut up the difpute by the roots. Is the fa&
Had he or the Pfefident authority to ftipulate? If he had not,
I he could offer muff be fufctfeQ to the legislative difcretioh of
igrcfg, a&ing under the impulfc of war, the tender was nuV. .
>ry and void. Why this propofition was not made before
declaration of war, ibefore the paflions were kindled into a
ce, I have never been«ble to difcover. We all remember
v frequently the diplomatic notes pafled between Mr. Mon-
and Mr. Folter in the months of May iand June* laft ; how
h government exerted itfelf, through jts ^ agents, to ^profcfe
I (hew its difpofifion to peace and reconciliation, to obviate
Iculties, and make conceffions, and prefent its claims in the
ft moderate and leaft exceptionable form. Wherefore was
i propofition, tit that all-irnportant period, held in rt&rve 3
hy is tbe^laze of war firft kindled and then the olive branch
uft into the, flame ? I fhould be loth to believe, that you with-
djWhen it would be received, and offer only when the paf-
W&fa worked up to a point to refute. The fubje& acquires
jranation ; proportions agitated at a former period, under a
ferent minifter, will not fatisfy the candid enquirer on thfe
int But, Although tlie propofition he made informally and
I late ^atvl inaufpicious hour, it is in my conception, the
und >n duty of thofe who have made it and place fo much
;ss and bowl upon it, to make good the tender* by palling the
luifite laws KB give effeft to the propofition and make it bind*
; ; or in other words, to give to the Prefident power to ftipu-
5 Jbr the exclufion of Britifh feamenf from our veffels. The ,
bit of fuch an overture, will, in my apprehenfion, much de-
!id onthefpirit of candor and fairness in which it is made,
any event and in whofe ever hands the government may be,
i people of the United States will not long maintain a war, at
t prcfent enormous expence, for a (ingle article of impreff-
:nt, cfpecially if theredrefs can be obtained by |the exclufion
Britifl* feamen from ourfervice. But if, Mr, Speaker, an
xral to arms for redrefsis to beperfevered in, there are con-_
eratiofts in a riv/itu of the past, which forbid a hope of the
cdy return of peace, at leaft in the life aud continuance of the
ay raifed by this bill, Nothing touches the paflions and finks
Jeep in the heart of a belligerent as the departure of a neutral
m Jbis dutp % and siding V)!t& his adversary ; fuch a belief in

glifhmen of the condudt of this government, whether well

ill founded, cannot fail to prolong the war.

fear there are points In our neutral courfe, in our relative

iduft towards Great Britain and France which will uot bear

CONGRESSIONAL REPORTER; 15 i

Examination. You proclaimed the Berlin and Milan decrees
revoked, and put' upon G* B. the threatened alternative of non-
intercourfe. Was the feftfo? You took a promise for the
fact ; you proclaimed the fact, vobile France herself the author
<([ the deed and party to be benefited* denies and disavows it as ■
done at the time. Here was a fatal error - departure from the
straight line of justice ; and when our error in this was palpable
to all the world, we gave no explanation, no excule, but perfe *
vered in a meafure which led to war. It is this coime, fir t this
departure From even bonded neatratity between G. Britain and
France, that has loft you the fupport of your own citizens to a
great and alarming extent, and at this moment fuftains the Brit-
lfhminifttry in the hearts of Ertglifhmen. It is this belief of
our governments leaning to France* that has carried that tninift*
ry fo triumphantly thro* the late elections to Parliament. # * \

It any thing could add to the gloom and ficken the mind un-
der the profpeft before us, it js the inaufpicious conjunction of
events. America and France both making war at the fame time
onG. B. we making the enemy of France our enemy and this at
the ill-fated moment when the allgrafping Emperor of thpt
country is rolling a baleful cloud charged with deftruction, north
upon the Ruffian empire } upon a power dways just to America ;
upon your truest ana best friend on the European theatre,— A-
gatnll fuch a friend, at fuch a period, we have beheld the march
of the Corfican through rivers of blood $ his footfteps^re.traced
fiver the alhes of the proudeft cities, and he fits hinuelf down, at
length, at Mofcow* like Marias over the ruins of Carthage*

Mr PE A R SON faid,un frequently it happens, Mr. Speaker,
both in private and political life, that men, of the cleared per-
ceptions and meft correal motives, experience fnuch difficulty
*nd cmbarraffment in determining on the courfe beu to be pur-
fued, or the application of means btft calculated to produce a
given obje&. The objedt moft devoutly wilhed for by myfelf,
and, no doubt, f qually'defired, by everv honeft and honorable
man in this community, is, that my country (hould once more
, be reftorod to the enjoyment of peace. Under the preflfcre of
exifiing circumftances involved in a w#r with a powerful nation
—a war now profecuted for a doubtful, or, at leaft, ftrongfy con-
troverted queftipn of national ri^ht — a war, the profecution of
which, fo far as relates to our miliiary operations, has every
where, ajid on all occafions, been attended with difgrace, defeat
or difafkr — Under fuch circumftances, I cohfefe, fir, 1 am npt
free from embarraflment in determining on the courfe demand.
*d by genuine patriotiim, or beft calculated to reft ore the bleff-
ings of peace to the country. I rejoiced to hear the honorable
chairman of the Military Committee (Mr. u- R Williajns) de-
clare, the other day, that his objeft was alfo peace, . It mud be
afource of gratification to the country, to learn that ibme of the

152 CONGRESSIONAL REPORTER.

•i.

ftrongt ft advocates for the declaration of war begin now to think
and talk of p. ace.

The honorable gentle pan, however, urges the paffage of the
hill under confide ration (which authorizes the enliftment of 20,-

000 additional regular troops for one year ; and provides for the
appoin:ment of proportionably an unufual number of officers,
with all the accompanying paraphernalia of an .army,) as the
means btft calculated to produce the end in view. Did I be-
lieve, fir, that the paflage of this hill, or (what is mor<? difficult
and leis likely to happen) the actual epliitment of the profoftd
additional force, would fecure^to usourobje£\. I would not on-
ly give this force, but ten times the number — if it were by force
alone to be obtained ; but when I reflect on the special and sole
cause for which it .is avowed the war is now pfolecuttd ; when

1 confider the relative ftrength, Guia'ion and difpofable force, by
f a and land, of the two nations — and tfpecially when my recol-
lection is ailailed (for we cannot, nor ought we, clofe our fenfcs
againft fuch damning facts) with the heretofore fcanty enlift-
menti, — die confufion and infubordination which has pervaded
many parts of your army — the extraordinary expence already
incurred, and the uniform diftafters wh?ch have marked all your
military operations — I cannot bring my mind to the belief, that
the force now propofed can produce any defirable eflkfcl.

Mr. Speaker, as much as I was oppofed to the declaration of
war — and as fubftquent events have convinced me of the cor.
reflnefs of the vote I gave on that momentous queftion — it is
not my porpofeon this occafion to queftion the policy of that
unfortunate a£t — My mind is bent on pec.cr — to that objed tjpf -
efforts are direfted. The impreffion is ftrongly fixed on my:
underftanding, that this war can be terminated with honor and
advantage, to this nation, without the further eftufion ofhuman
blood. If fo, furcly no chriftian will deny, but juftice, humanity
and found policy demand that nothing fhould fc.*main undone %
on our part, to ftop this career of carnage and bloodfhed. I have
faid, •, that it is my impreffion, that this war can be terminat-
ed with honor and advantage to this nation, .without a further
appeal to a*ms. In ftating this opinion, I do not meatf to be an-
derftood as indentifying the* honor of the nation with the honor of
thole by whom the war was declared : in other words, I do not
admit that the national honor rcftsiolely in the hands ofthofe
who may happen to be in the adminiftration, or who may
happen to conftitute a majority in Congrefs. No; fir, this is #n
elective government — the power and ultimate rcfponfibility reft
with the people ; they cannot bedifhonored unltf* they pcrti-
nacioufly approve of unwife or wicked meafures, and continue
to fupport the authors of fuch meafures. It is, therefore not with
me a primary confideration in the higgeftions I am aliout to
make, how far the honor or reputation, for political wi&tom, of

CONGRESSIONAL REPORTER. 13

any individuals may be affeSted by the adoption of the plan for
peace which has occurred to nay mind. I do not know that
any honorable gentleman will beaffetled by it,, lhouk) it be a-
doptcd. Ihope he will not— to ir.c it is perfectly indifferent
who are in power, fo that the affairs of the nation are well con-
^uctt'd.

Mr. Speaker, whatever may have been the original causes for
the declaration of this war, we are now taught to believe that the
question in contest is reduced to a single point. The British or-
ders in council were repealed on the 21st of June, three days af-
ter our declaration of war ; and of course, without acknowledge
of that event, the blockade of May 1806, had l«»ng ceased to ex-
ist. The sole avowed cause, therefore, remaining— and for which
the war is now carried on-*-is the practice of impressment frora
on board our merchant, vessels. This subject has for many years
engaged the attention of both nations — it has been a fruitful
theme of execration and declamation for almost every editor and
oraiorof the-age. Great as. our cause of complaint may have
been (and I Am not disposed to palliate it) it must be admitted by
all who understand the nature and true bearing of the question*
that it has been subjected to much exaggeration. Per rpit mc, sir,
to remark, that notwithstanding the importance, the difficulty
and delicacy whteb have justly been attributed to this subject —
and the unwillingness, at all times manifested on the part of the
British government to abandon or derogate froiji the abstract
right of impressing tier own seam^nJVom on board neutral mer-
chant vessels — it is very fur from being certain that she has not
been willing to enter into such arrangement with this government
as would place the question of impressment on a basis both safo
and honorable to this nation. By a reference to the correspond-
ence of Messrs. Monroe and Pinkney with the British commis-
sioners, which preceded the treaty concluded by those gentlemen
in the year 1800, but which was unfortunately rejected by the
then President, it is evident 4hat the interest ofimpressjnent was*
in the opiuion of those gentlemen, placed on a footing well calcu-
lated to secure our own seamen from the abuse against which it
was our duty to prptect them. This opinion was not only express-
ed in forcible and decisive language at the time of entering into
the arrangement, but repeated by Mr. l^Iouroc more than a year
afterwards in a formal letter to the Secretary of State. The
language of that gentleman, now your Secretary of State, is pe-
culiarly emphatic, and must be within the recollection of every
gentleman in this House. 'Without troubling the House with the
fading of the documents referred to, it is sufficient for me to
state that your present Secretary of State did, in a letter address-
ed to Mr. Madison, dated Feb, 28th, 1808, decfare « that he al-
*a?« believed, and did still believe, that the ground on which the
interest of impressment was placed by the paper of the British

154 CONGRESSIONAL REPORTER.

• * •

6omQ»tfsionerft of Sth November, 1806, and thto explanatioffi
which accompanied it, was both honorable and adraQtageous to
the United States." •

Thus sir. as we have conclusive evidence of a disposition on
the part ef the British government, at one period at least, to ad-
vance considerable length towards an adjustment of this long eon-
tested question ? and as we have no evidence that different prio*
eiples and elaipis are nop asserted from thole then advanced ;
I think it fair to conclude, that it is still in our power to pat an
end to this controversy with safety to oar seamen and advantage
to the nation, then, of passing this hill and spending the blood
and treasure of our countrymen in the prosecution of this war, I
conceive it our duty to make an effort for the sanction of our just
rights and the restoration of peace, without a further appeal to
force. It is my decided opinion that such an effort, if fairly and
liberally made by this House and the Executive branch of the
government, would not fail in producing the desired effect.

(Mr. Pearson's Speech to be continued. J

Report on our Foreign Relations.

HOUSE OF REPIRES^NTATIVES. '*

Friday^ January 29.
FOREIGN DELATIONS. r

"Mr. Grundy, from the committee of Toreign Relations, made the fol
lowing report: '.J-

The Committee to whom «u referred to much of the President** Meg-
sage of the 4th day of November la$t> ae rchatce to our foreign Affair*,

That in presenting to the House at this time a view of our relations with
Great Britain, it is deemed unnecessary to recite the causes, which produce
cdthe war. The wrongs which the V. States had received from that pow-
er, for a long series of years, had already been laid before the public, and
need act again be enumerated, they were too deeply felt to have been for-
gotten, although they may be forgiven by the American people. The U*
nited States having engaged in the war for the sole purpose of vindicates
their rights and honor, that motive alone should animate them to its close.
It becomes a free and virtuous people to give an useful example to the wonW.
It is the duty of a representative government, to render a faithful account
of its conduct to its constituents. A "just sensibility to great and unprovok-
ed wrongs and Indignities will justify an appeal to arms : an honorable rep-
aration should restore the blessings of peace; every step whkh mejr
take, should be guided by a sacred regard to principle. /

To form a correct estimate of the duties which the United States have
to perform, it is necessary to take a view of the communications, which
have passed between the Executive of the United States and the BrHisfc
government since the declaration of war.-~Such a View, the committee is
persuaded, will shew distinctly the existing ground of controversy be-
tween the two nations, and the indispensable obligations on the united
States ie maintain It. -

CONGRESSIONAL REPORTER. 155

;• Your committee has seen with muchjsati sfectibn, that at the moment
of the declaration of war, the attention of the Executive was engaged in^an
fffbrt to-bring it to a speedy and honorable termination. As earlr as
the twenty-sixth of June last, the Charge des Affairs of the U. States a*
London was instructed to propose to the British, government ah armistice,
DO take immediate effect, on conditions which it is believed the impartial
world will consider safe, honorable and advantageous to <*. Britain. They
were few in number and limited to positive wrongs daily practised. That
the orders in council should be repealed, and that our flag should protect
our seamen, were the onl/ indispensable conditions insisted on. Other
wrongs, however great, were postponed for amicable negotiation. As an
inducement to the British government to forbear these wrongs, it was
.Broposed to repeal the non -importation law and to prohibit the employ-
ment of British seamen, in the public and private vessels of the United
States ; particular care was taken that. these propositions should be made
in a form as conciliatory, as they were amicable in substance.

Your committee cannot avoid expressing its astonishment at the manner
in tfhlch they were received. It was not sufficient to reject the proposed
; armistice ; terms of peculiar reproach and insult were, adopted to make
^the rejection offensive.

> It happened, that almost on the same day, in which the United States,
after having been worn out with accumulated wrongs, had resorted to
the last and only remahfing honorable alternative in support or their
rights, the British government had repealed, conditionally, its orders uv
council. That measure was unexpected, because every application for it
had failed, although Repeated to the very moment it was decided on.— Con-
ditional as the repeal was, if was admitted to have removed a great
-obstacle to accommodation.

L The other only remained : the practice ef impressment. Jtwaspropos-
fed to the British government to open an amicable negociation to provide
a substitute to it, which should be considered an ample equivalent*
i The substitute proposed was defined, and of a character so comprehensive
as to have removed, as was presumed, every possible objection to an ac-
commodation. The proposition before made to exclude Bri ish seamen
from our service was enlarged* so. as to comprehend all native British
subjects not already naturalized or entitled to naturalization under the
laws of the United States ; this was likewise rejected.

Your committee have sought with anxiety some proof of a disposition in
the British government, to accommodate on any fair condition, the impor-
tant difference between the two nations, relative to impressment, but they
have sought in vain ; none is to be found either in the communications
I of the British minister to the American Charge des Affairs at London, or
m those of the commander of the British naval forces at Halifax made by
' ,order of his government to the Department of State. They have seen with
regret, that altho* Lord Castlereagh professed a willingness in his gov-
ernment to receive and discuss amicably any proposition having in view
cither to check abuse in the practice of impressment or to provide a
•ubstitute to it, he hot only declined entering into a negociation for the pur*
pose, but discountenanced the expectation that any substitute could be
'proposed, which his government would accept. It merits notice also,
though it ceased to be a cause of surprize, that in the communication of
i Admiral Warren to the Department of State, the subject or^impressment
i *as not even alluded to.

Had the Executive consented to an armistice on the repeal of the orders
' in council, without a satisfactory provision againstknpressment,or a clear mid
distinct understanding with the British government to that effect, it) some
mode entitled to confidence, your committee would not have hesitated to
dUapprove it

15S

CONGRESSIONAL REPORTER

The impressment of our seamen being deservedly considered a princi-
pal cause of the war, the war ought to be prosecuted until that cause was
removed. To appeal to arms in defence of a right and to lay them ^ down
without securing it, on a satisfactory evidence of a good disposition in
the opposite party to secure it, would be considered in no other light,
than a relinquishment of it. To attempt to negotiate afterwards, for the
security of such ngat, in the expectation that any of the arguments, which
h.Wve been urged before the declaration of war and been rejected, wonld
have more weight, after that experiment had been made in vain, would
be an act of folly which would not fail to expose us to the scorn and deris-
ion of the British nation and of the world. ^

On a full view therefore of the conduct of the Executive in its transac-
tions with the British government since the declaration of war, the com-
mittee consider it tbeir duty to express their entire approbation of it
Tbey perceive in it a firm .resolution to support the rights ;-aid honor of
their country, with a sincere and coinmcudable disposition to promote pcacfe,
on such just and honorable conditions as the U. States may with safety
accept. - * . .. m .-

It remains therefore for the United States to take theis final attitude
with G. Britain, aud to -maintain it witu Consistency and with unshaken
firmness and constancy. j; - #

' The manner in wliicli the friendly advances and liberal propositions of
the Executive have been received by the British government has in a great
measure extinguished the hope of amicable accommodation, It is, however,
possible that the British government, after instructing Admiral Warren,
to conamunicate to the Department of State the repeal of the orders in
council, may have declined the arrangement proposed by Mr. Russell in the
expectation that that measure would have been satisfactory to the U.States.
Be this as it may, your committee consider it the duty of this House to ex-
plain to its constituents the remaining cause of controversy, the' pre-
cise nature of that cause, and the high obligation which it imposes. /

From what lias been stated, it appears that however great the sensibility
to other wrongs, the impressment of our seamen, was that alone, which
prevented an armistice, ana* in all probability an accommodation. -Hud
that real interest been arranged, in a satisfactory manner, the President was
willing to rely on the intrinsic justice of other claims, and the amicable
spirit in which the negotiation would have been entered into, for satisfaction
in their favor ; G. Britain claims a right to impress her own searaen and
to exercise it in American vessels. In the practice British cruisers im-
press American citizens, and from the nature of things, it is impossible
that that abuse should not be carried to great extent. A subaltern or any
other officer of the British navy ou|ht not to be the arbiter in such <a case.
The liberty and lives of American citizens' ought not to depend on tiie
will of such a party.

The British government has insisted that every American citizen should
carry witii him the evidence of his citizenship, and that all those not pos-
sessed of it might be impressed. This criterion, if not otherwise objec-
tionable, would be so, as the document might be lost, destroyed or taken
from the party to whom it was granted, nor might it in all cases be
entitled to respect, as it might be counterfeited, transferred, or granV
edto improper persons. But this rule is liable to other and much stronger
* objections. On vhat principle dees the British government claim of the
United. 'States so great and shameful a degradation ? Ought the free citi-
zens of an independent power to carry with them on the main ocew, ana
in their own vessels, the evidence of their freedom > And are all to be
considered British subjects and liable £o impressment who do not bear
with them that badge? Is it not more consistent with every idea ootn
of public as well a* of private right, that the party setting up a d*"* *>

CONGRESSIONAL REPORT 157

any interest, whether it 4>e to persons or property, should prove his
right ? What would be the conduct of G.Britain under similar circnm-
stances ? Would she permit the public ship of any other power, disre-
garding the* rights of their flag, to enter on board -her merchant vessels,
take from them such part of their crews, as the boarding officers thought
fit,, .often her own subjects, exposing by meaps thereof their vessels to de*-
struction ? Would she suffer such an usurpation ta derive* any aaoxp
tion from t her patient forbearance I fw:

With the British claim to impress British seamen, the U. States •haw'jia
right to interfere, provided it be in British vessels or in any other than
those of the United States. That Amencat* citizens should be ex-
empted from its operation, is all* that * they, tlemand. Experience has
shewn that this cannot be secured otherwise, than by the vessels in which
they sail. Take from American citizens this barrier, which ought to be
held sacred, and there is nothing to protect them against the rapacious
grasp of the British navy. This then is the extent of the demand of the
U. States, a -demand so just in itself, so consistent and inseparable front
their rights, as an independent nation; that it has been a cause of
astonishment^ that it should ever have been called in question. The
foundation .©f the British claim is, that * British seamen find employment
in the service of *he United States ; this is represented as an evil affecting
essentially the. great interests of the British nation. This complaint
would bars more weight if sanctioned by the British example. It is
known on the contrary, that it is in direct repugnance to it. G. Britain
does not scruple to receive into her service ail who enter into it volun-
tarily. If she confined herself within that Hmit, the present controvert
ay would not exist. Heretofore the subjects of even the most despotic
powers have been left at liberty to pursue their own happiness, by honest
industry, wherever their inclination led them. The British government re-
fuses to its seamen that privilege. Let net this, then, be a ground of con-
troversy with that nation. Let it be distinctly understood, that in case
*n arrangement should be made between the two nations, whereby each
should excludefrom its service the citizens and subjects of the other, on the
principles and renditions above stated, that this House *wi}l be prepared,
so far .as depends on it, to giv$ it effect, and for that purpose to enact
laws, witlistich regulations and penalties as will be adequate. With this
pledge,^ it not perceived on what ground the British government can per-
sist in its claim ? If British seamen* are excluded from the service ;of the
U. States, as may be effectually done, the foundation of the claim must
cease. When it is known that" not' tone British seamen could be found
on board ( American vessels, it wouid be absurd to urge that fact as a mo*
the for such impressment* -

In declaring- a willingness to - gire** effect to the proposed arrangement,
your : Committee consider it equally the' d&ty of the House to . declare, in
terms the most decisive, that should the British government still decline
hyand' persevere in the practice of impressment from American vessels,
the United States will never acquiesce in that practice, but will resist k
unceasingly with all, their force. It is not necessary now to enquire what
the course would have been with respect to impressment, in case the orr
ders in council ha.d been repealed before the declaration of war— or
how long the practice of impressment would have been borne, in the hope
that that repeal would have been followed by a, satisfactory arrangement
with respect to impressment.

War having been declared, and the case of impressment being nee*
fssarily included as one of the most important causes, i\ is evident that it
must be provided for jn the pacification. The omission of it in a treaty
©f peace, would not leave it on its former ground ; it would in effect be

158 CONGRESSI01UL REPORTER.

;.n absolute relinquishment, an idea at which the feelings of every
American must revolt. The seamen of the United States hare a claim
on their country for protection, and they must be protected. If a single
ship is taken at sea, ' and the property of an American citizen arrested
from him unjustly, it rouses the t jndignation of the country. How much
tnore deeply then ought we to b# excited, when we behold so many of
this gallant and highly meritorious class of our fellow-citizens snatched
from the bosoms of their families and of their country, and carried into
a cruel and afflicting bondage. It is an evil which ought not, whiclji cannot
be longer tolerated. Without dwelling on the sufferings of the victims,
6r on that wide scene of distress which it spreads among their relatives
through the country, the practicejs. in itself in the highest' degree degrad-
ing to the IX States as a nation. It is incompatible with their sover-
eignt)r-~lt is subversive of the main pillars of their independence, Tbe
forbearance of the U. S. under it has been mistaken for pusillanimity.
' The British pretension was* maturing fast into a right Had resistance
been longer delayed, it might have become, one. Every administration
remonstrated against it, in a tone which bespoke the growing indig-
nation of the country. Their remonstrances produced no effect. It was
worthy the illustrious leader of our armies, when called by the voice of his
country to the head of the government, to pause,rather than to recommend
to his fellow-citizens a new war, before*they had recovered from the ca-
lamities of the late one. It was worthy his immediate successors to fol-
low his example. Jn peace our free system of government would gain
strength, and our happy union become consolidated. But at the last session,
the period had arrived when forbearance could be no longer justified.
It was the duty of Congress to take up this subject in connexion with the
other great wrongs of which they complained, and to seek redress in the
only mode which became- the representatives of a free people. They
have done so by appealing to arms, and that appeal will be supported by
their constituents.

Your committee are aware that an interesting crisis has arrived in the
United States, but they have no painful apprehension bf its consequences,
Th? course before them is direct. It is jinirted out equally by a regard
to ihe honor, the rights and the interests of the nation. If we pursue
it with firmness and vigor, relying on the aid of Heaven, our* success is
inevitable. Our resources are abundant ; the people are brave and vir-
tuous, and their spirit unbroken. The gallantry of our infant navy bes-
peaks our growing greatness on that element, and that of our troops when
led to action inspires full confidence of what may be ^expected from
them when their organization is complete. Our Union is always most
strong when menaced by foreign dangers. The people of America are
never so much one family as when their liberties are invaded. #*

The report concludes by recommending the passage of a bill " for the
regulation of seamen oh board the^public vessels- and in the merchant ser-
vice of the United States."

A BU.L -

For the regulation of Seamen on board the public vessels and in the

merchant service of the U. States.

BJB.it enact 'd by the Senate apft^ffouse of Befir tentative* of the U-

nited States ofsltnericajn Comrens assembled, That from, and after the

termination, by a treaty of peace, of the war in which the United States

are now engaged with Great Britain, it shall hot be lawful to em-

k ploy as seamen, or omcrwise on board of any public vessel of the United

1 States,or of any vessel owned bjy citizens of the United States, or sailing

under their flag any person or persons, except natural born citisens of

the United States, or citiz en st>f the United States at tho tint of soeh

CONGRESSIONAL REPORTER.

159

Utfai? bgieg -made and cooeludeo\ or persons who being resident within
the United State* at the time of such treaty, and having previously de-
clared, agreeably to existing laws, their intention to become citizens
of the United States, shall be admitted as such within |five years
thereafter. in the manner prescribed by law.

Sec, 2. And be it further enacted, That from and alter the time as afore-
said, when this act shall take effect, it shall not be lawful to employ a*
seamen or otherwise as aforesaid, except as is bjr this act excepted, any
person or persons not natural born citizens of, the United States, unless
such person or persons shall produce to the commander of the public
vessel, or to the collector of the customs of the district to w hich the pri-
vate vessel belongs* the certificate of his or their having been natur*
ajtzed- The President of the United States is hereby authorised, from
tiao^o time to make such other, regulations, and to give such hi her di-
rections tp the several commanders of public vessels, and to the sev-
eral collectors, as may be proper and necessary respecting the requi-
site proofs of nativity or citizenship to be exhibited to the commanders
or collectors aforesaid. And no person shall be admitted or employ-
ed as seamen or otherwise, as aforesaid, on board of any vessel owned
by citizens of the Uoited States or, sailing under their flag, unless his
name shall have been entered in a list of the erew approved and certified
by the collector for the district to which the vessel belongs. '>■

Sse.Z.yfndit it further enacted, That from and sifter the time as
aforesaid, when this act shall take effect, «0 seaman or other seafaring
man, not beinga citizen of the United Stares, shall be admitted or receiv-
ed as a passenger on board of any public vessel of the United States, or
any private vessel o«med by citizens of the United States* or sail-
it% tinder their flag, without a passport from the proper officers of
the country of which such seamen or seafaring man may be [subject
or citizen*

' lee**. And be It further enacted, That from andafterthetime as afore-
said, when this act shall take effect, tbe* consuls or commercial agents
of an? nation at peace with th s United Statesshali be admitted (under
such regnlations as may be prescribed by the President of |the U*
nited States) to state their objections, to the proper commander or col-
Jeetor as aforesaid, against the employment of any seaman or seafaring
man en board of any public or private Teasel of the; United States,
on account of his beinga native subject or citizen of such nation, apd
not embraced within the description of persons who maf thus be law*
fully employed* according to the provisions of this act : and the said
consuls or commercial agents shall also be admitted under the said reg-
ulations, to be present at the time when the proofs of the nativity or cit-
izenship ofthe persona against whom such objections may have been made,
shall ha investigated by sue h commander or collector.

Sec 5. And be Ufurther enacted. That if any commander of a public
vessel of the United States shall employ or permit to be employed* or
shall admit, e* receive or permit to be admitted or received on board b
is vessel, any person whose era ployment or admission is prohibited
by the provisions of this act, he shall |on conviction thereof, forfeit and
pay the sum of one thousand dollar* for each person thus unlawfully
employed or admitted onward such vessel.

Sec.6. vffea* be it further enacted^ That if any person shall, contrary
to the provisions of this act, be employed as a seaman or otherwise, or be,
received as a passenger on board ofirny vessel owned by ^citizens of the
United States, or sailing under their flag, the master or coftima&lef ,

160

CONGRESSIONAL REPORTER.

and the owner or owners of suck TC9sel, shall each respectively forfeit
and pay five hundred dollars for each person thus unlawfully employed
in any one voyage ; which sum or sums shall be recovered, even al-
though such seaman or person might have been admitted and enter-
ed in the certified list if the crew aforesaid by the collector for the dis-
trict to which the vessel may belong ; and penalties and forfeitures aris-
ing under, or incurred by virtue of this act, may be sued for, prosecuted
and recovered with costs of suits by action *f debt, in the %? me of the
United States, or by indictment ©r information in any court, having com-
petent jurisdiction to try the same, and shall accrue and be one moiety
y thereof to the use of the informer, and the other moiety thereof to the use
of the United States, except where the prosecution shajl be first insti.
tuted on behalf of the U States in which case the whole shall be to their
use, and may be examined, nr> it-gated or remitted, in like manner and
under the like conditious, regulations aud restrictions, as are prescrib-
ed, authorised and directed by the act, entitled \* f An act to provide
for mitigating or remitting the forfeitures, penalties and disabilities,
accruing in certain Cases therein mentioned," passed the third day
of March, one thousand seven hundred and ninety seven, and made
perpetual by an act, passed the eleventh day of February, one thousand
eight hundred.

Sec. 7. And be it further enacted, That nothing In this act contained,
s,h^U be construed to forbid any commander or master of a public or
private vessel of the United States, whilst in a foreign port or place, from
supplying any deficiency of seamen on board such vessel by employing
subjects of such foreign country, with the permission of the government
thereof.

Sec 8. And be itforther enacted, That the provision of this act, shall
hive no effect or operation with respect to the employment of seamen
of the subjects or citizens of any foreign nation, which shall not have
forbidden on board her public and private vessels the employmt at as
seamen, or otherwise of native citizens of the United States ; or who
shall permit the commanders of her public vessels to impress or to take
away ftv>m on board any vessel, Sailing under the flag of the United
States, any seaman or any other person not being a soldier or otherwise
in the employment of an enemy of such nation.
"Sec. 9. And be it further unacted. That nothing in this act contained
shall be so Construed as to prevent any arrangement between the U.
States and any foreign nation, which may take place under any treaty
or convention, made and ratified in the manner prescribed by the consti-
tution of the U. States, and by which the reciprocal employment, as sea-
men, or citizens or subjects of the two countries, may in the instances
and manner provided by such treaty or convention be permitted.

Sec. 10. Andbeit further enacted, That no person, who shall arrive ia
the United States from and after the time when this act shall take ef-
fect, shall be admitted to become a citizen of the U. States, who shall
not for the continued term of five years next preceding his admission ,
as aforesaid, have resided within the U. States, without being, ata-
ny time during the said five years, out of the territory of the said states

The bill was twice r«ad and referred to,a committee of the whole.

CONGRESSIONAL REPORTER. 161

HOUSE OF REPRESENTATlVEa

Debate on the New Army Bill.

fMr. Pearson's speech continiiedfrom page ±S**J
The pefculiar nature^ of the queftion which novy con ftitutcs the .'
fole objeft for continuing the war — the intimation given by the
Executive in the correfpondence with the Britifh government,
fince.the declaration of war, together with the opinions ftated by
Mr* Monroe and Mr. Pinckney, in their letter to the ijcretary
of State of January 3d, 1807, all tend to confirm me inH belief
that it is the duty of Congrcfs to pass a law which' would not only
clieck desertions from the British service, by excluding persons
of that descriptim from employ in our service* but also deprive
the British government of the apology alledged for impressing
American seamen* by excluding British subjects from the com"
mercial and pubUcservice of the United States. Having allud-
ed^ to the letter of Mr. Monroe and Mr. Pinkney of the 3d Jan-
uary, 1807, 1 will take the liberty of reading from it a fhort ex-
tract. After flaring the opinion they had formerly cxprefled,
that although the British government did not feel itfelf at liberty
to relinquilh formally by treaty, its claim to fearch our mer-
chant veflels foHJritilh feamen, its praflice would neverthelefs
be eflentially, if not completely abandoned, they obferve—
11 That opinion has fince been confirmed by frequent confer-
ences on the fubjed with the Britifh commiilioners, who have
repeatedly affured as that in their judgment, we were made as
feciire againft the exercife of their pretention by the policy
their government Imd adopted, in regard to that very delicate
and important queftion,as we could have been made by treaty*
It is proper to obferve, however, that the good effect of this dis-
position and its continuance may depend, in a great measure on
' the means which may be taken hereafter by the Congress, to
check desertions from the British service. If the treaty is ratifi-
ed and a perfeft good underftanding is produced by it between
the two countries,it will be eafy for their governments, by frietul-
ly communications, to ftate to each other what they rtlpe&ive-
ly de fire, and in that mode to arrange the bufinefs as latisfattori-
ly as it could be done by treaty. 5 '

Thus, fir, had the treaty of 1806 been ratified ^nd a good un-
derftanding been produced between the two countries, Con.
grefs were wanted, even in that event, that it was their duty to
fend their aid in rendering effe&ual and perpetual any arrange-
ment which might be made on the fubjeft of impreffment. As
to the late communications from the Executive department,
made to the Britifh government fince the declaration of war,
it is not my intention at this time to enter into a particular exam-
ination' of their merit or demerit- I will barely remark, that to
Vol. II.— -No, 11, debates.

■\

jne they prefent a novelty in the hiftory of war and diplomacy,
rropofitiorts* alledged to be of » pacific nature, made in fix days
after the declaration of war !— Such a. procedure (much as I de*
fire peace ami much as I was oppofcd to the.- war) is to my mind
to fay the leaft, extremely extraordinary, and its policy incom-
prehenfibie. It is the more lafjroui the; circumftance of "a Brit-
ish nr '< nfWr being on the fpot at the mpmertt of declaring the war
and keeping, up, a continued correfpondence with the Secre-
tary of State to tAe laft moment of the txiftence of peace, Unckr
fuch cirratnftauoest I fhould conceive each, nation ought to have
IjnownJRu ultihawm of the other and not waited for the form
of a declaration of wpr, to refume th§ negotiation and give a uew
jfhape to their propolition* }, coofefe that I am not furprized at
the rtfultofthis %uar ncgQiwti,Qrir~ev$xy thing \va& demanded
to be yielded by our en^my, for which the war was. declared,,
tven as a preliminary ii\ the firft inilaiice to an aj-miftice and in
the iecond inftance a^pretiminary to a k negodation. The rquiv-
al'iu offered on our part, was of a nature whi^h it . was, not with-
ip the province of the Executive to confirm, and of Gourfe de*
pended on whatCoogrefs, might or might not do on the fubjt$.
in addition to this, our agent in London through whom thofe*
propofitions were made, uid not pqflifs regular and competent,
powers, and was confide red by v the Britifh government as, in-
competent to afct. with them on fuch a fubjc£t on equal term* *»f
obligation and re fponfibility.^ Whatever, therefore, map be
my opinion in relation to thole Ute proportions,, and however
illy calculated they mav haye been to produce any d< firable.re-
ful » 1 am far froni cpniidrring theip unworthy the partipular at-
tendon of thi=> H<Dufe« I allude particularly to th§ equivalent
propofeda* an inducement for the difcontinuanceof the practice
of impreffm^ht. Here fort-he-jfrw time in the whole hjftory of
the lw* protruded difcuffions on this fubje&f it h intimated that,
fomething effectual will bo clone on our part to prevent the cause
of the abuse of which we complaiiv-r-a prqmhe is. given in the,
event of obtaining the conceffions demanded* , that a law would,
be paflld by Concrete to prohibit the employment, of Britilk
feamen in the public or commercial ft rvioe of the U. States*
T*Vi&. then^is wh&t I'afK you now to do-r-*pass a law eff dually
to exclude all BritiRi fubjects from the public and private roara.
time ftrvice of the tinned States^JUettherlaw be well guarded
againft the pofiibiljty of violation or evafiotv~and.le& usbe deter-*
mined rigidly to enforce it— .place this law in the hand* of your.
CKtcutivt -*iM him immediately appoint one or more honefl, a-
hle. indcp'^d'nt comnj^pners— ?oien who neither have nor ex*,
pefct an 'ffice^m< j nin whom the nation, without regaiid to par-*
ty, Would be willing to opnfide^give the ample powers to faun
a, treaty or arrange the fole queftion which is now the pivot onj
i^bisJv.thUw^dep^sr-do^ltth^ji do U takhfully, and! ntr>

CONGRESSIONAL REPORTER. 16S

ttiTe to predict you will 1 obtain a peace, and fcfcure your joft
sights more fpeedily, more effe&ually and more fatisfadto-
rily to the people of fhis country, than by all the military oper*
utionsinthe compass of your power— if (hen ,. after doing
every -thing which as a juft and honorable people we ought to do.
not only to fecure our own lights, but to guard againft doing in*,
iury to the rights of others, we Ihould unfortunately fail m 6b*.
taining, peace and juftice, we fhould then be united in any war
for eflfcntial rights; Sir in politics as well as in morality, the fin
of omiffion is equal to the (in of commiffion — if others are injur-
ed by our ncgle&, with what propriety can we complain, if that
injury Ihould happen to be made to recoil upon ourfehres— un-
kfs, indeed, efle&ual means are taken to prevent its recurrence*
If this pofition is true, let it be applied to the queftion now in dif-
pute ; and I conceive it mull lirrefiftibly follow, that s our own
hands are not entirely clean, and that it is our duty to make
them fo before they are further fteeped in blood. Before 1 en-
ter into the examination of the queftion of impreflVnent~the on-
ly avowed exifting objeft of the war— -permit roe. to declare^ as
the firm con vi&iori of my undtfrftanding, that if this queftion*
as it at prefent (lands, under the two nations, could be fully and
fairly underftood by the people of this country, they would i#ot
fuftain the war in which we are involved for one fmgle hour. No
fir, a war never can, it never ought to be fuftained, for the pro*- ,
tettion of Britifh fubje6Vs, or foreigners of any defcription, who'
may come among us, unlefs they remain within the territorial
jurifdi&ion of the United States ; on the contrary, if Great Briu
ain will not be fatisfied to arrange this fubjeft fairly— fo as tb
•exempt us (mm the abufe of the practice if impreffing from our
vefsels, when fiich fecurity as is in bur power to give, and fuch
as (he- ought td a(k, is given her— that none of her feafaring fub-
je&s (hall be emp*>yed in our public or merchant vessels j then
we lhall have a caufe for war ( and be united in it) more wor*
thy of the energies of this' nation. How far we have the right,
or how expedient it may be for the Legiflature, to reftrift the
claims of one, though very incdnfiderable, clafs of feamen, via t
thofe Br itHh feamen who have, previously to the exifting jvar,
been regularly naturalized agreeably to the laws of the United
States-r-how far, I fay, it would be conditional and juft to in*
terfere tVkh the claims and privileges now enjoyed by this 'par.
ticular defcription otperfons, I am n6t at this- moment prepared
to (ay. I believe, however, the number is fo inconfiderable,
that it would not produce any ferious obftacle to an arrangement
which would beotherwife defirable to the two nations. The
whole number of feamen of this defcription during the whole
period from 1796 to 1811 (agreeably to a report of the Sec'y of
ftateO amounts only to 1332 — and from the opinion of gentle-
men, well informed on this fubje&> lt » highly probable, at the

164 CONGRESSIONAL REPORTER.

period of the declaration of war, and perhaps i>t this moment,
there are not one hundred regularly naturalized Britiih teamen
in our fervice. It is probable, therefore, that in a negotiation
commenced and prbfecuted with friendly difpofitions — the ab-
.ftract queftpn of right might not arite — and rf it did, both parties
regarding and looking to the future more than the paft, would
not permit fo inconfiderable a pra&ical and paft evil to become
a ferious object of conteftation. As to thofe foreigners who may^
be hereafter naturalized, we have complete control over this fob*
je6t — they ought not to have a claim on protection, if they are
not content with the bleffings of our laws and our lcmd\ without
placing themlelyes in the powfcr of their native fovereign. — Sir*
it would feem, if indeed any reliance is to be had on a very ex-
traordinary document, furniftred by the Executive during the
prefent feffion of Congrefe, purporting to the detail hf an interest-
ing conversation between Mr. Ruffell and Lord CaftIereagh,on
the 18th of September laft, that Mr. RdlKrll, tho* not authorized
by his government fo to do, did propole that the taw to be pas-
sed by us and to take effefl on the difcontinuance of the prjic-
tLe^of impressment, fhould prohibit the employment of theVra.
the (ubje6ts or citizens of the one ftate, excepting fuch only as
h*t already . been naturalized, on board the private or public
fliifcs qt the other. This propofition, although not authorized &
not confidered as binding on the Executive, is certainly entitled
to the due CGnfideratiOn by us, from the time and manner of its
being made, and the sanction moft unquestionably implied from
the silence of the Executive in relation to this propofition. Thus
the fubje«it is reduced by the fhowing of our own cabinet not so
much to the violation of a right , as to the occafioinal abuse ol the
exercifeofa right. -

How then does the queftion realty ahd fairly ftand, for which
it is alledged this war is and ought to be profited at the hazard
of every thing dear to a profperous and happy people* The
claim of the Britifli government is to take from the merchant
veffels of other countries Britiih fulje£\s. We comptein that
in the practice^ commanders of Britiih fliips of war often take
from merchant veffels of the United States American citizens.
If then the right of fearch is rotdeniedv-If the invariable prin-
ciple of national allegiance and prdtf ftion is admitted, fo for as
gives to the > fovereign a right to the fervices of their native citi-
zens or fubjt 6H, m time of war % or when the exigences of the
ftate may require them— it follows that this pra£tfce of impair-
ment from our veffels fprings from our employment of her fta-
men in our merchant fervice, regardlefs of the injury infliSled
by depriving her of the fefvices of that clafs of her fubjedls, more
than all others efftntial to her fafety in time of war^andat all
times to the general profperity of that nation. This practice be-
ing' induced and defended for the reafons above ttated, will
not berelinquiihed, until fomething is done, ibme plan adopted

CONGRESSIONAL REPORTER. ' 165

which will remedy the evil complained of for which impreff?
ment is now rcforted to. We will have to give fomething in ex- %
change as the price of fuch a relinquiihcnent, and nothing can b£
cheaper than the plan I have propofed.

Will it be contended, that this is granting too much ? Will it
be contended, that a neutral flag (hall protect every thing that
tails under it ? Surely, gentlemen will except articles deemed
^contraband of war, and armed enemies of a belligerent. They
mult go farther— they muft abandon the protection of native fub-
je€ts of a foreign power, when they truft the'mfclves beyond our •
territorial jurifdi&ion and thus fall into the hands of their orig-
inal fovereign. If this is not done, this war muft be interminable
at leaft vvhilft Great Britain has a flag cm the ocean. Should we
be fuccessful in the conteft, ^he principle will not be fanftieried
by any nation regardful of its maratime power, and probably be
a curfe to ourfelves, fhould we ever poffefs fuperior naval prow.
efs. Moreover, in the assertion of fuch a right* yve are entering
the lift againft the law and practice of perhaps every nation in
the world, which pretends to regard civilization or law. If or
although I admit, that all civilized nations recognize, in fome
form or other, the rights and privileges of naturalization, yet
they equally agree in the doctrine of perpetual allegiance* ^nd
deny that naturalization by a fdreign power pives to the person
naturalized any new claims to protection againft his own fove-
reign. Much H?, therefore; are perfonstobe protected who
are bound by no tie to any country, except the tie re fulting from
allegiance and protection which is only due to and from the Da*
live ftate.

This, fir, is the doftrine of approved writers on national law
— 4t is the uniform dodlrine of Creat Britain, and is recognized
not only by the practice of France, but by a variety of ftatutes
and edicts of that country bqthbefore and fince the revolution— '
♦she not only denies the right of prelection to the naturalized
perfoo againft his owrjt fovereign, but denies to neutrals the
right to natnralize her enemies fo as to protect them againft her
arms — and autharifes the feizure of her own seamen on board
neutral vessels at Tea. Yes, fir, thefc practices and pretentions
have been enforced upon us by the officers qf the French gov.
emrrient, in' a variety of inftances, audio far from thole officers
confidering it an offence,, they have reproached our government
for seducing their feamen iota our fcrvice— nor have I heard a
whifpdr of complaint on this fubjec? againft the French govern-
ment* Who is there that paid any attention to the proceedings
erf France on this fubject, that is ignorant of the rigid vigilance
with which (he h$s endeavored to fecure to herfelf the fervices
of her own feamen both in peace and war, and the little ceremo-
ny with which neutral or naturalized feamen have been treated
by her— flbe makes it a crime in her feamen to ferve on board

; ,

165 CONGRESSIONAL REPORTER.

vessels of other nations whether enemies or friends— (he punilh*
C3 as pfrates all niaft rs of vessels, whether naturalized or fettled
in other countries* who take commiflions or ufe any other flag
than that of France-— if her feamenare found in, foreign ihips in
time of peace, they are doomed to confinement and.ferviee, if in
time of war they are fentenced to three years in the gallies.
Thefe are forae ot the regulations which exift and had their ori-
gin previous to the revolution. Since that period and in the
tide of French principles (for I will not proftltute the term lib*
erty) other regulations have taken place which clearly fhevv of
what avail our certificates of naturalization or our protection to
foreigners would have been, had thst nation been able to keep:
any thing like a fleet at fea. By this modern champion of mari-
time rights, all captains of neutral vessels were punched as spies
unle&thcy could prove by our minifter near thts French court
that they were born in an allied or neutral country— all Epglilh
failors on board neutral flags jn the ports of France, were order-
ed to bear rafted, and every man who fpoke the Englifh lan-
guage was to be confidered Englifh, unlefs he could prove by
authentic documents that he wa > an American.

Thefe, fir, arc fome of the doctrines and practices of France ;
their cruelty and injuftice in many refpe6H muft be admitted by
N . all ; they tranfeend any Britifh pretenfions which have ever
come to my knowledge ; they are adduced not to palliate the
conduct of the Britifh government* But to fhew the condu&
of different nations on the fubjeft for which the war is now con.
tinued,, and principally to (hew, that whilft we affert the princi-
ple that our flag ifhall be the fhield of protection to every for-
eigner who may take refuge under it, this war will be eternal,
if not univerfaL *

One word more, fir, on this part of the fubjeet— -it is this ; in*
dependent of the exidence of the war and theintrinfic delicacy
and perplexity of the queftion of which I have been treating, and
letting afide all confiderations of injury and abftraft right both
in relation to ourfelves and others, there is fomething of fiiperi-
or encouragement and patronage due from us to oyr natiye tars*
National honor and national fafety require that your navies and

Jour armies too fhould be compofed.of the natives of our fbiL
till befits us to lhare the toils and honors of defending our
country with thofe who have no intereft in it— already has the
glory of the late brilliant naval achievement, the capture of the
Guerriereby the Conftitution, qnder command of Cap** Hull,
been fomewhat tarnifhed by the &£t, or at leaft the belief, that
great part of our crew were Britons, Call not foreigners to your
-aicj> let American battles be fought by America's ions ; to them
impart the honor or the fham$. * ,

As to the bill under cenfideration, I confider it a perfect nul-
lity in point of practical eficiency. It will add to cspenfes aU

CONGRESS»NA"L ^EfcOfrTEk 167

rehdy too great for the people to bear or this legiflatirte fei^y W
provide. For, fir, fo toutaring are the props of this war* they
Will Fall the inftant you touch the pockets of the people in a wa^
.which they will fee, feel and underftantl— ,1 know your reliance
is on loans i to aid in providing for the expenditures of the* prtfent
year, which, if {his Dill palses, wille^C' eel thirty five millions of
dollars. This mode 6f getting money may fail, and if it doefe not,
little comfort is afforded by It to those who look forward to rhja
day of payment. No honest man derives miich consolation from
lieing relieved from prompt payment? if a mortgage is rivetted on
Tiimseif and his posterity. Already you have officers in number
, sufficient to command thirty*ftve thousand men, independent of
the six hundred which have rust sprung up by the bill that was
passed yesterday. Suppose (For the sake of argument) that there
are at this moment not more than fifteen thousand men enlisted
in the present establishment : it follows of course that there arte'
already supernumerary officers sufficient for the command of %0j*

000 men, besides the/ additional 600 exclusively intended for the
Recruiting service. f * '

Why, then with so many unemployed officers in commission and
pay ( a number almost sufficient to admit of -a recruiting officer
opening a rendezvous in every county, to\fai and village intheXJ.
States) shall we have entailed upon us the curse of this additional
ttia>ss of useless expense ? If there is any peculiar charm in the
period of 12 Inonths to induce rapid enlistments, alter the law*
which at presaat exists authorising the enlisnment of 1 5,000 n«eh
for eighteen months, Jet these 15,00b and five thousand more ff
you please be enlisted for 12 instead of IS months, and you will
nave all the men contemplated by this bill without the unnecessa-
ry multiplication of officers.

I understated, sir, the present campaign is broken tip, no more
^fighting or attempts oh 'Canada are intended during the winter.
Let your officers, instead of lolling in the tents, or spending their
time in amusement* exert themselves in providing a ft»rce ifor the,
spring, and if men are disposed to enlist at all, as many can arid
will be had, in the manner I have mentioned, as there would he
If you had a recruiting officer at every man's door in the country.
. But, sir, when I consider the intrinsic objections to short enlist*
'merits for distant offensive operations ; when I reflect on the the-
atre whore this war is to be prosecuted and the consequence of
opposing raw undisciplined troops in contest with veteran soldiers,

1 cannot avoid expressing my astonishment at the imbecility anfl
Wildness of die project contemplated hy this bill, and admonish
gentlemen of its total ineiRcacy in bringing nearer to them th&
object of their Wishes.

Mr. CALHOUN cibsejhrfedin frepljtoMK Ppai^soti, ftiatfck
tras very happy to find, that the £entl6rtian from North Carolina
While ho W»s unwilltog t6 defend the Irish and Englishmen, yet

168 CONGRESSIONAL REPORTER.

was willing to promote the war for the. America* seamen— thaf.
the eause was a good one, and he hoped that the other gentlemen
who Usually acted with him, would unite to defend so brave and
meritorious a elass of citizens. That as to acting on the subject,
he as a member of the committee of Foreign Relations, together
witlj some other*, of that committee, had it under consideration.
That his views did not extend . farther than the proposition made
hy our executive to the British government. If England would
agree to reciprocal exclusion, he would agree for one to limit oui
protection to native-born" seamen and those who are now natural-
ised. The subject was* however, one of very great delicacy, bet-
ter fitted for negotiation than legislation, and he had not fully re-
flected on it but if after due deliberation, he found it could

be done with propriety, it should be laid before Congress he-
fere the end of the sesssom That he could not agree with the
gentleman from North Carolina, that we ought to rely on such
provisions, and suspend in the mean time our preparations ; that
such conduct would bfe fatal, as England was a proud and high-
minded nation, an&that nothing could bring her to terms, but a
vigorous and successful prosecution of the war.

MR, STOWs SPEECH.
JO, SPEJXEB,

I AM aware of the delicacy, and novelty of my fituation,
as well from the indulgence of the houfe, as from the neu-
tral courfe, which I mean to purfue. He muft have been indeed
an inattentive obferver of mankind, who propofcs to himfelf
fuch a courfe, without being expofed to difficulties, and dangers
from every fide. Our country has experienced them too long
from the great belligerents of Europe, and an individual will
quickly find them here* % For even this house is not exempt from
its great party belligerents, who iffue their confining decides,
and orders jo council ; and, in imitation of thehoftile Europe-
ans, it is fome times a iufficient caufe of condemnation, to have
b$en fpoken with by the adverfe fide. Yet, notwithttanding all
thefe dangers, I mean to launch my neutral bark on this tem-

Keftuous ocean, confeious of the refliitude of my intentions, and
umbly hoping for the approbation of my country and my God.
The proper extent of thedifcuffion, growing out of this bill,
feemed to be confined to thefe enquiries :— Can the force con-
templated be obtained ? If obtained, will it accomplifh the end
firopofed? And Lally, will the force be an economical one ?
f the difcuffion had been confined to thefe limits, I would have
liftened, and not have fpoken : but, fir, it has taken a wider range,
aadaifumed a more important afbe£t* It has embraced the
prefent, the paft, and the future* The caufes of the war, and
the mode of conducing it, have been inveftigated, and even
confident predictions have been made as to its end. The hifto-
ry, and the ftate of our negociations have been carefully exam-

CONGRESSIONAL REPORTER., 16?

ined-^nd the pre&tentiat order of focceffion has been fcrutihi-
zed, by the light of experience, as well as thalof prophefy. We
have Jfcme times been forced into the fcenes of private life ; and "'
at other times, we have bqen chained to the car of Napoleon.
In fhort, fir, the difcuffion has ranged as wide as exiftence, and
not content with that, the foeakcrs 4k have exhaufted worlds,
arid then imagined new.*' I do not; pretend to cenfure this— s
it may be well for the people to have their political concerns thus

fplendidly dreflfed, and pafTed in review before thetp Rut ftill,'

I will attempt to call the attention of the houfe from the regions
of fi&ion, of fancy, and of poetry, to the humble, b ut I tru ft no
lefs profitable fphere of reality and of profe. Paffing by*nany of
thofe things which have amufed by thejir ingenuity, or furprifed
b£ their novelty, but which do hot deferve a ferious anfwer, I
will endeavor to ftate diftinfctly the grounds taken by the oppo-
nents of this bill, or rather the opponents of furnifhing the means
of profecutmg the war: — Firftly. It is alleged "that the war
was originally iinjuft^V Secondly. u That if the war was ori-
ginally juft, it has become unjuft to continue it in confequence
of the revocation of the Britifh orders in council," Thirdly.
.** That it is inexpedient to profeeute the war, becaufe we have
no means of coercing our enemy, or enforcing our claims. "
Fourthly. ** That we are unable to lupport the war." And
Fifthly. V' That in confideration of all thefe circumftances, the
houfe ought to withhold the means of further profecuting the
war."

Firftthen it is alledged that the war was originally unjuft.
Here let me call on the houfe to diftinguifh between unjust 9 and
inexpedient. Nothing can be tnore important, than to have
clear and cliftind ideas about thofe words which lie at the boU
torn of a fcience, or enquiry. This is happily illustrated in ma-
thematics-r-there every word, by the help of diagrams, is care-
fully defined ; and the confequence is, that there are no difputes
among mathematicians, while their labors have done honor to
mankind. A thing may be juft, and yet inexpedient : the jus-
tice of an act relates to the conduct of another, the expediency
to our own fituation. It may be juft for me to foe the man who
withholds from me the fmalleft fum ; and yet fo inexpedient* as,
to be even ridiculous. Thus a war may be perfefHy juft, and
at the lame time highly inexpedient, v This, if I miftake not,
was the ground generally taken the laft year by the opponent^
of the ttfar, particularly by the gentleman from Virginia before
me, (Mr. Sheffey) who pointed out the diftin&ion which I have
endeavored to do, though with more ability and fuccefs. I hope
the houfe will bear this diftinction in mind ; becaufe it is of the
greateft importance in the inveftigation which I intend to make.
Before I enter futfher on the argument, I afk the houfe to in-
dulge me for a moment, while I explain my views relative to the
commencement of the war. I never law any want of provoca-

17ft CONGRESSIONAL RfePOTER.

tion cm the part of Great Britain. I never for an tnftant doubfc.
edthe jofticeofthfc war, while I urged its inexpediency with all
mjr might. I confidered man, placed here by a beneficent
Providence, on a fertile foil, and in a Jiappy climate, enlighten.
td by fcience, and prote&ed by the wrfeft of laws; *By our re-
volution cut adrift, as I may fay, frOm the old world, before the
ftorm which was about to defolate fcurope arofe— I fondly hop-
ed, that this new World would ftiffufh one fair experiment of
what (bienee, liberty, and peace might achieve, free from thofe
corruptions which have eternally attended on iv&r. I hoped to
fee the country improved, and bound together, by roads and
canals, to fee it adorned by literary inftitutions, and by every
eftablHhment which refteSls honor upon Man. Nor do I yet
believe, that this was an Utopian vifion, or an idle dream. I Qifl
believe it might all have been realized by a different courfc~
But the nation has determined on war, and though it was not my
Choice, I (till maintain that k is not unjuft.

I will not go into ft minute account of all thofe injuries, and
outrages, the bare mention of which, waslaft year declared sick-
ening to the foul. I will only recal the mod prominent to the
tecollefliaft of gentlemen, Who fcem almoft to have forgotten
them.*— Firft then, the revival of the rule of '56, relative to tte
Colonial trade, which produced *ne univerfal burft of indignation,
and called forth thofe unanimous resolutions in the Senate, not
to endure it. Was that no' juft caufc of war ? The numeroys
blockades, againft which all our minifkrs in England, and every
ftdminiftration, have remonftrated— the repeated infultsof our
cities by their (hips of war-— the murder of one of our citizens
in our owfr.waters, (I^mean Pearce) the fhameful triat,and lub*
feguerit promotion, of the officer, by which infult was afdded to
tojnjury— Sn #11 this,do gentlemen fee Nothing to render warjuft?
I pais by numerous other injuries,* come to the orders in council
which have fwept millions Of American property from the ocean. <
But, fir, we have been told, that France was the dggreffor-*
that if we had compelled France to do us juftice, Great Britairt
would have followed in doe time the example, and thus wat
tvould have been prevented. What has this to do with the cafe,
fuppofe it either true, or faMe ? What has the jufthe of the wa*
to do with the order in which we have received the injuries
From France Or England ? Have we not the right to refift th*
6ne, who injured 'us laft, as well as the firft ? Who ever dream*
ed, that to determine whether it was lawful to rfepel an in jury,
he muft examine the hiftory of his life, and fee if he had not beeA
ioj ured before ? Have We loft the moral fenfe ? ofr have we been
fo long accuftoirifrd to receiving injuries, tltftt we haffc deafed to
know them ; that after a patient eftdtiranfce of fifteen years, and
after deliberately refortmg to War, \vt are gravely about to ex*
amine the chronology of our wrongs to fee if We have the right

CONGRESSIONAL HEpORTER. ;171

to refill ? I omit the fubjeA of impreflment ; nottrnt what it
was one of the juft caufes of war, but because I intend to fpeak
of it in another place. After a candid Veview of the paft, can
any perfon then maintain, that America has no just caufeof
war ? Sir, to my mind it appears impoffible^

I fhaH now examine the fecond proposition, " that if the waif
was originaHy jutt, its further profecution is unjust. '* — On what
ground does this rt ft ? It is this, that the orders in council were
the caufc of the war, and thofe orders having ceafed, the profe- '
. cution of the war becomes un juft. — Here again justice and ex*
pediency . are confounded; It was never maintained, that the
orders in council rendered war more juft, than many other out*
rages, though they went farther to prove its expediency ahd even >
iKceffity. It therefore follows, that their repeal does not aflfeft
the juiHce of the war ; unlefs accompanied with compenfatidn
for the fpoliations committed under them, and atonement made
ft>r other wrongs, Neither of thtfe, it is pretended, has been
done i except fo far ss relates to the affair of the Chefapeake,and
which I purpoiely left out of the catalogue of grievances. An
injury which was a juft caufe of war, remains a juft caufc for
its continuance, till atonement is offered, or till it is fettled by
negociation. But fir, an ample juftiScation of war remains ill
tbe impreflment of our fracnen. The claim on our part is not*
as has been a Hedged, a claim to prot£& Britiih feamen— it is a
claim to propel American citizens. Nay more, as refpefts the
juftice ot the continuance of the war, it is a claim only, that
they toiH cease from the practice during the truce* thai it may
be seen whether it is possible to arrange it by negotiation. Is it
unjoft to continue the war, till this demand is complied with ?
or does ?ny American wifh to fee his country proftrated ft ill
lower ? j

Having thus far explained my ideas relative to the justice of the com-
mencement, and continuance of the war, I will now proceed to answer the
third objection, namely,: That it is inexpedient to carry it on, because we
have no means of coercing our enemy-fof compelling him — to what ? bare*
ly to a just . and honorable peace ; for that is all that we demand. And *
have we no means of doing this ? Better then to surrender the charter of our
independence ; confess we are incapable of self-protection, and beg his most
gracious majesty to again take us under his paternal care. Such a doctrine,
sir, is as unfounded, us it is degrading to the American character. Wethave
ample means of compelling Great-Britain to do us justice ; they are to be .
found in the value of dur commerce ; in the enterprise of our privateers ;
ki the gallantry of onr ships of wajs* and in the conquest of her provinces.
Our custom (considering her m the light of a merchant or mechanic who
supplies) is of vital importance to Great-Britain. It is not to be measured
by its amount, in pounds, shillings and pence, but by the strength and sup-
port she* derives from the intercourse. For while I admit, that Great-Brit-
ain tloes not send ha}f her exports to the United States, I do maintain that
the custom of this country is of more importance to her, than that of the
whole world beside. It is with a nation as with an individual— if he ex*
change luxuries for luxuries, or superfluities, such as ribbons for ribbons,
whidh he consumes, he adds nothing to his wealth ; but if he exchange hi*

172* CONGRESSIONAL REPORTER;

luxuries, or his ribbons, for bread, or for such materials as give scope to
industry, he is^then benefited and enriched by the interchange. Such is the*
situation of Great-Britain with regard to America, She, and her depen-
dencies, deceive more of provisions, and raw materials, from America, than
for all other parts of the world together. Our trade exactly gives effect to
her industry, her machinery, and her capital. And it is this, which has, in
a great degree, enabled her to make such gigantic efforts in the awful con-
test in which she is engaged, pur privateers, will they have no effect on
Great Britain ? Will she learn nothing from the loss of three or four hun-
dred ships ? And will she be insensible to the efforts of our little navy?
Can they touch no nerve in which Britons feel ? Far different are my con-
clusions, from what I have seen in British papers— they show, that she is
tremblingly alive to that subject.

Sir, I will now consider her provinces, about which so much has been said.
I too will speak of that wonderful country called Canada, which unites in
itself all contrarieties ? Which is so cold and sterile, as to be not worth pos-
sessing ; and so fertile, that if, by any calamity it should become ours, it
would seduce away our population— Which is so unhappy under the British
government, as not to lure our inhabitants; yet so happy, that it is criminal
to disturb their felicity— Whose inhabitants, if united with ours, would de-
stroy us, because they have none of the habits of freemen / and who, veil
knowing the privileges of their free government, will defend them* to the
last. A country which is of no importance \q Great-Britain, and whose loss
would not make her feel— a country which is so valuable to Great-Britain,
that the will never give it up. A country so weak, that it is inglorious to
attack it ; and a country so strong, that we can never take it Bat, sir,
leaving these, and a thousand other contradictions, the work of fancy or of
spleen, I will present to the House, what I believe to be a true view of the
aubject^Mrawn from a near residence, and much careful examination. Can-
ada is of. great importance both to Great-Britain and the United States. It
: is important to Great-Britain in the amount and kind of its exports. In the
last year preceding war itS exports amounted to between seven and N nine
millions of dollars, an amount almost as great as the exports of the United
States preceding the revolutionary war. And had the most discerning states-
man made out an order, he could not have selected articles better adapted
to the essential wants of Great-flritain. It has been said that Canada is of
less value than one of the sugar islands of the West-Indies. Sir, in the
present state of the world, Canada is of more importance to Great-Britain,
in my opinion, than the whole West-India islands taken together. In danger,
as she is, of being shut out from the Baltic, and fighting for her exist-
ence, she wants not the luxuries, the sugars and the sweetmeats of the West
Indies— she wants the provisions, the timber and the masts of the North.

Canada is also of the greatest importance to the United States, in a com*
mercial, financial and political point of view. I have in a great measure
explained its commercial importance already' by stating its exports ; a large
portion of which were the products of the U nited States. Let an attentive
observer cast his eye for one moment on the map of North America ; let
him bear in mind, that from the 45th degree of latitude the waters of Can-
ada bound for a vast extent one of the most fertile, and which will become
one of the most populous parts of the United States ; and he will readily
perceive, that the river St. Lawrence must soon be the outlet for one third
of all the products of American labor. The same circumstances will ena-
ble us tQJay an impost on one third of our imported articles. Nor will the
evil to our revenue end here. Great-Britain will be enabled to smuggle her
goods through this channel into all parts of the Union. It will be in vain
that you attempt to counteract her bylaws ; from the great length and con-
tiguity of her possessions, she will forever evade them, unless by your laws
you can change the nature of man. But its greatest importance is in a po-

jLflti

CONGRESSIONAL REPORTER. 173

litical point of view : for although not as happy in its government as the U-
tilted States, it is sufficiently so to draw* off multitudes of our new settlers,
-wfcen the intermediate? lands of the State of New- York, whi^ separate it
from New-England, shall be fully occupied. From this circumstance it will
divide the American family, and by the commercial relations, which t have
pointed out, it will exert a dangerous influence over a part of our country ;
for the transition from c6mraercial dependence to political allegiance is too
obvious to be insisted on/ Having endeavored to shew the importance of
Canada to both of the contending nations, I wijl only add that if is within
cur fiowcr. * ** ^ .

The fourth objection Is, that we cannot support the war— that we have
not the ability to carry it on. Before I proceed to answer this objection, per-
mit me, sir, to notice a singular inconsistency of the gentlemen by whom it
has been urged. It is this—- in one part of their argument, they represent
the people as too hafifiy to enlist, and in another part, as too po or to pay I
Botli of these propositions, I presume, cannot be true. Not to dwell longer
however upon this contradiction, I do maintain, sir, that the nation js rally
able to prosecute the war. On what does the ability of a nation depend ?
A person who will give himself the trouble of examining things, rather than
words, will find, that ft is proportioned to the number of laborers] and the
productiveness of their labor. Wherever from soil, climate, or. improve-
ment, the labor of a country will' produce more than a supply of the neces-
saries of. life, it is evident, that the surplus time may be devoted to idleness,
to the production and consumption of luxuries, or to the carrying on of war.
To illustrate this further— suppose the labor of a person five days will sup-
port him for six, then it is clear, that the labor of five men will support the
sixth man, in idleness or in war. Now, sir, there is no where that the labor
of seven millions of people will produce so much, as in this countfcp ; con-
sequently, no where have seven millions of people so great an ability to
carry on war. v The quantity of circulating medium, whether made of pa-
per or of silver dollars, has very little to do with the subject. If it is made
of paper , and to a great extent \ it only shews that the people are in their
habits commercial; and that the faith of contracts is well supported.. ' The
real ability of a nation lies in what t have stated ; and he must be a weak
politician, who cannot call it forth.

Mr. Speaker, I will now consider the last, and by far the most important
objection of all ; and one, without which, I ce*fcainly would not have spok-
en. It is, that in consideration of all the circumstances in which we are
placed, it is the duty of this House to withhold the means of further prose-
cuting the wtar. It will not be denied, I trust, that this is a fair statement
of the scope and object of most of the reasonings, which have beon employ-
ed ; and that, without this construction, they would be irreconcilable with
common sense. This doctrine, in my opinion, goe^, not only to the over-
throw of our constitution, but to the destruction of liberty itself. The prin-
ciple of our government is, not only that the majority shall rule, but that
they shall rule in the manner prescribed by the constitution. So that if it
could be proved, that a majority of the people were in favor of certain meas-
ures, it would not be sufficient, tiU they had pronounced that decision thro*
the constitutional organs. In short, it must have been a principal object
with the framefs of our constitution to suspend, at least for a limited time,
the effects of popular opinion. The constitution has committed the legist
iative power to three co-equal branches ; and to the same hands has it in-
trusted the power of declaring war ; while it has expressly confided the
treaty-making power (and which alone can make peace) to two only of those
branches. The claim now set up, goes to invest that branch, which has . no
authority in the matter, not only with the treaty making power, but also
wfth a complete control over the two branches. Thus one branch of the
government forcing the nation to desist from doing what three y including it-

174 CONGRESSIONAL REPORTER.

self, had thought best to^ier/orm. Lot us test the correctness of this pn*<
qipha by apphing it to another co-equal branch of the government Let
us suppose t k President has made a treaty of peace, which is disapprove
by the Senate-*~and suppose upon this he should say, the war ought not fur-
ther tdfee prosecuted, and refuse to employ the public force, would you not
impeach him I Most unquestionably you would.' I expressly odmit,that cas-
es may be imagined, where such a course would be proper — where it would
tofc not only the duty of this house to withhold supplies, but where it would
be the duty of an individual to- resist the laws > but such are ex . re me cases,
»ot provided for by any organization of government. What, sir, has been
thepraCtice of the Britffh House of Commons ? Have they ever refused
supplies, because a war was unpopular, since the revolution ? Did not the
same parliament, which resolved, that they would consider any man as an
enemy of his country, who should advise his majesty to the further prosecu-
tion of offensive war w America, still vote the means for carrying on the
war* A similar case occurred when Mr. Fox came last into power — he dis-
approved of the commencement, .and conduct of the war, and yet he call-
ed for and received the necessary supplies. Let us examine our own histo-
ry : In the case of the British^ treaty, the* House, by a call for papers, at-
tempted to superintend the treaty-making power, before it would make the
necessary appropriations. The encroachment was instantly resisted by the
great man, who then* presided ever the government ; and his decision was
approved by the nation. Is- not the duty of furnishing the. necessary supplies
stronger, now we are.engaged in war ? And that too, declared by ajl the
branches of the government ! Sir, these temporary sacrifices of our own
washes to the constitutional decisions of our government, are the price we
pay for liberty, and all that is dear to us. Once withheld, anarchy and ty-
ranny ^#lae! I am one who ardently longs for peace. I see in it, not only
tile present prosperity of the country, but a long train of republican virtues ;
and I would spring to embrace it on the first fair occasion. But much as I de-
sire it, I Vould not purchase it by submission to the enemy of my country, or
by the smallest violation of the constitution.

Much, sir, has been said about French and British' influence; There is nb
such, thing in this House, or in this nation-sunless by British influence is
meant, what has been derived from an inheritance of her excellent laws,
£hom her language and her writers, who have done honor to mankind. Who-
is there, that feeis in his own breast this French, or British influence ? And
where is the man, who dares to ascribe to his respectable fellow citizen,
feelings which in himself he would abhor ? No, sir, the evil is of another
kind ; it is party f it is the magic of names, by which men of equal intelli-
gence, who nave the same ties to society, and the same interest in the we}-
tttrerof their country, are torn asunder. We take our sides like boys for a
game ; and, in the ardor of competition too often forget our country ! In the
great contest which is now going on in the world we are all of one side—
Our country is the stake, and the last republic on which the sun shines;
Here man, enlightened and free, is placed as it were, in a second garden ;
the fruit of life is' union, and near it grows the fruit of disunion and death.
The attempt to divide us must have been originated in Pandemonium by
the great enemy of mankind ; and his first effort must have been, to insti-
gate us to tall each other by opprobrious name$. Should he at last succeed
in producing our downfall, and the expulsion of republicanism from Amer-
ica, '* Earth" would once more ** tremble from her entrails as again in pangs,
and nature giv ( e a second groan.** But, sir, I will not indulge the melancho-
ly idea : I will. not anticipate a; time wheri this splendid hall shall crumble
into fragments, and this fair republic, reared bv the, immortal Wasmngtons,
Franklins and Clintons of our country, shall itself become a more deplora-
ble, a more melancholy ruin ! I will hope-that there is a redeemiug spirit

CONGRESSIONAL REPORTER. \7$

r ' '

in the land, and timt a, guardian Provider* Will j*ai/watck oyes tfre, dea?
tpiiesofour infant country.

Mr. BOTD Mr. Speaker, it is with great diffidence that I

address the chair* When the bill now before the Heust was
under discussion on Saturday last — that is, the then proposed a-
mendmeut to insert 18 months instead of one year— I 'was offering
my reasons why I thought that that amendment ought to prevail^
when, unfortunately for me, I was considered as taking too great
a latitude, ana prevented from connecting my remarks. As there*
is little difference in point of principle, a$Mhe bill then: was and"
imw.is, I embrace this opportunity to make up a deficiency, and!
will now take care to stick as olose as possible to the text*

Sir, I am opposed to passing the bill to a tbjrd reading, because
I believe it to be altogether inadequate to the purpose intended to
be accomplished by it. Sir, when I last addressed the chair, I
x then took a retrospective view of our past expectations* from,
which we expected to derive great advantages. Such were the;
expectations of that time, that 1 did not accord with them. Those*
expectations have not been realized ; but, instead thereof, we have
met with disappointments and misfortunes. I thought that view-
ing the errors of the past, was. the most certain way to avoid the
future ; and I am not at this time sepsible of that being errone-
ous. ■ <►

Mr r Speaker, I am an old man, and riot In the habit of public
speaking : and if I have not the faculty of composing my argu-
ments in so connected a form as a lawyer's, special pleadings, J-
hope the House, will excuse me, and grant; me their indulgence to
do it in 6ueh form as my capacity will admit of.

[ The Speaker observed, that it was unpleasant to the chair
" that the gentleman should indulge in sueh remarks ; he had cer-
tainly no wish not to give full latitude to debate 3 .}

Mr. Boyd said he stood corrected, and was allowed to proceed;
Then, Mr. Speaker, X object because, in my opinion, it is not eat
culated to produce the desired effect or- that which is intended by
it — that is to, raise a force competent to the conquest ofthe Can-
, adas in the given time, t will ask how many regiments you have
in your present establishment; Say thirty-five, and you add twen-
ty, making together fifty-five, what use is therein multiplying^
regiments without men ? The Chairman did state, that from pru- ,
Oential motives, he had thought it inexpedient to give the num-
ber now actually in service, or eitlisted. Sir, it is not my wist
to go into a strict enquiry—the regard I have for the honor of my
country forbids me ; but I will suppose 17,000, and I believe
that is large — then there is left nfficers for 18,000 men. Are
these not sufficient for the recruiting service ? to engage every
man who is willing to serve hik country ? to place a recruit*
iag officer in almost every town and village in the United States ?

t » • •

176 CONGRESSIONAL REPORTER.

They are $ and, therefore, you ought not to create an unnecessary
addition. If the present establishment is not full, what is the
reason ? Either that the pay and bounty are not sufficient induce-
ment,^ there is a dislike to the service — your creating more
regiments .will not remove that difficulty. I am against the bill
because the term of service jis too short to answer any valuable
purpose* Suppose them intended to operate as a force against Can*
ada— Let us see how that will answer the purpose : You send out
jour warrants to commence the enlistment olf the proposed troops
at this time $ bow long time, is it contemplated, will be necessa-
ry for their enlistment ? My opinion is that you will not have
th/em half full in four months $ it is then tiipe to take the field
qnd they are then raw troops. The hon. chairman ( D. R. Wil-
liams) states to you the number of troops necessary for defensive
operations, according to his calculation, to be 10,000 ; deducting
that number from the present establishment, supposing it to be
full. It is not for me to say how far the present establishment
is short of the whole number, or will be at that time ; bat we
know that it is far short — we do not know that it can^be filled ;
and if it cannot, then those calculations are fictitious. He also
states to you that the regular force in the Canada* is not to be es-
timated at less than 12,000, and 3,000 in Halifax besides their mi-
litia. According to this and my veiws, you .cannot enter Canada
the next campaign with man for man — and surely that is not suf-
ficient for conquest in an enemy's country. But I will suppose that
you conquer apart of the country; that part must be garrisoned
if you will keep it* In a year from the time of enlistment their
term expires — and what becomes of your conquest, without force
tp keep it, supposing it to be made ? Say that the officers will bo
called into service in four months, and there is some of the men
enlisted six or eight months hence : the officers must serve until
the expiration of the term of the last man engaged, or a derange-
ment must Jake place — always a disagreeable occurrence in an
army.

Sir, if you have not numbers sufficient to bear down all oppo&i-
sition, invade it not — act on the defensive until you have engaged
your men, and for a term of time sufficient to answer your pur-
pose ; fthen may you count upon success and honor. I do not say
that I believe land conquests Will produce an acknowledgement
of our rights on the ocean : I believe it will not ; but unless you
act with great regularity, system and economy, you cannot avoid
it— -you must meet with nothing but disappointments and dis-
grace, .

\ V

CONGRESSIONAL REPORTER. 177

m Mr. BRIGHAM.~Mr. Speaket, the bill under confidera-
tion, if pafl&l into ja law, will deeply affeft my conftituents and
the public in general. It provides for profecuting this war on
a more cxtenlive fcale — it is a kind of fecond declaration of waN
The objefils of conqueft are multiplied ; the field of operation
is enlarged ; the army inuft be increafed with the addition of
520,000 regular troops ; and ^enliftments encografeed by addi-
tional bounty and wages. Sir, this is the fyllem and arrange-
ment to projfeeute the fcheme of foreign in vafion. One error fre*
quently prepares the way for another—we pre new unhappily
involved in the calamities of war — and the queftton is, how we
fhall profecute and fupport it.

Mr. B. faid that he had been uniformly, and in principle, op.
pofed to this war j; and of courfe, oppofed to all the meafures
connected, with it * that in his opinion this war was both polit-
ically and morally wrong— that it was declared without iuitable
preparation, without neceffity, without an army, without ade-
quate refources, and without unanimity — it has been profecuted
Without fuccefs-- We havealfo gained nothing but lofs, defeatand
difgrace— the people are alarmed dt the lofs of their peace, dis-
tfeffed with thefrujts of the war, and have feribus apprehenfions
of what rqay be the future meafures of Congrefs on this fub-

Sir, continued Mr. B. this war is of an ofFenfive charafler;
it is a war of conqueft, tofaUylriconfiftent with the fpirit and ge-
nius of bur corrflitution> and if profecuted in the prefrnt divid-
ed ttate of the country, I fear it may befatal to our moft valua-
ble mftitutions. Republic?, fir, ought never to be engaged in a
foreign, pfienfive war , they are calculated only for ckfenfive
war. ^ ^ .

Sir, there is fomething unaccountable, that the difpofition to
profecute this war fhould iricreale, as the caufes of the war de-
creafe ; and the means and ability to carry it ort leffen. The
war which we now have on hand, is predicated principally on-
the orders in council. The impreffment of ft amen during the
kft fefiion of Congrefs, was confidered of minor importance f and
as a proper fubject of negotiation betweeruhe two nations, and
was fo confidered in the days of general Wafhington— in thofe
of Mr. Jefferfon— and why not now by Mr. Madifon ?

^ Siir, the orders in council, which interfered with our neutral
rights, are revoked. The Prefident, in his meffage, at the
commencement of this feffion, declared the fa£l, and the war
now reftsfolely on the fubjeft of impreffnunt. I do not believe
the proiecuting of this war will have a tendency to bring abput
an amicable and fatisfaflory adjuftment on the fubjc^l, and at
the end of the war, if it ever ceafes, this queftion' of impreffment
xnuft be fettled^ by treaty.

Sir, at this time, and under thefe circumftances, we are cal-
led on to augment our Handing army to the number of 55,000
Vol, IL-J4o. 12. bbjiatm.

178 CONGRESSIONAL REPORTER.

regular troops, to profecute this war with vigor, and, as foroe
fay, for gipry.

Sir, if this fyftem of warfare is carried into effedt, we fhall
unavoidably create an annual expense of nearly 40 millions of
dollars — and where is your money to defray this expenfe ? why
you muft take it from the pockets of our coiiftituems, and from
fhofe who are oppofed to this war ; and if you fitii of obtaining
the neceffary loans, you muft flop payment ; the nation will be-
come bankrupt : and future generations will be loaded with an
enormous vie bt.

Sir, can this be for the honor and the intertft of the Ameri-
can people ; can it be for the* fatisfa£Uon of our conflituents •
are theyin love with this war ? Are they prepared to barter a-
wayxheir property and their peace for the hazards and fatigue
of a forrtgn war, which promises nothing but povetry land dfis-
trefs ? It is impoffible. Sir, it is laid that we are now about to
make one fublime rtiilitary effort, which fhall do honor to this
nation — that with thefe troops we are to take, not only the Can-
adas, but Halifax and Nova Scotia, and for ought I know Eaft
Florida — follow up the Tippecanoe expedition and t xt< rmm-
ate the Indians. Mr. B. laid that he never had known the in-
cipient caufe nor by what authority general Harrifon made bis
incuriion into the wildernefs — beyond where the United States
had extinguifhed the Indian titles, and deftroyed the ]Propht T s
town — but faid that he hoped the time would come, whenhe
fhould know the merits of that enterprize.

Mr. B. faid, if the friends of this bill $nd of thfcwar could ac-
complifti their darling, ohjeft, fubdue and take poffeffion of the
Cana m\ and ajl the other Brjtifh provinces ii\ North America,
in his opinion it would be a great public misfortune— fatal to
the civil liberties of the country, and change the charafiler of
our government. ■ ■ •

Sir, faid Mr. Bigdow, with Ihefe impreffiape I deprecate the
taking of the Canadas, or the other Britifh provinces as I
do the lofs of liberty and the ruin of this country. This war
cannot be perpetuated and profecuted without violating the laws
ofhumanaty andjuftice — the laws of religion and mbrality—
and thefe lawsarfe tot>e refpe&ed as well by nations as by indi-
viduals — and we have not only reafbn to believe, but do believe,
that the God of armieswho fuperintends the concerns of men*
will give fucct fs to our arms, or blaft our enterprize, according
to its moral ejiaradter. If the Canadas are fubdued and conquer-
ed, it muft be done by force of arms, and what have the inhab-
itants of thofe provinces been guilty of, which warrant this gov-
ernment in putting them to the fvvord.

Sir, they are nowjnoffenfive, and quietly purfuing their own
bufinqfs — they are content under their own adminiftration— they
are protected by their own government and are net panting for
the liberties of this country, as was vainly fuppofed the laft fea-
son, nor do thejc afk us to„jelieve them from the oppreffion of

] \

CONGRESSIONAL REPORTER. , 179 .

their own government* which general Hull, in his tender merty
proraifed them, in his pompous proclamation, on the condition
that they ,\vouki revolt from their rightful fovereign, and put .
themfdves under his gracious protection ; nor were they terrific
ed by, the threat of extermination if found, fighting in their own
defence by the fide of an Indian— nor were they to be deduced
from their allegiance by promifes which could not be performed.
No, fir, nor do they afk any favor but that you ceafe from troub-
' ling. Sir, they will not fubmit, and they have told you by their
aflual refiftance, that they will defend themfelves, their coun-
cils, their firefides, their wives, and their children, their rights
and their property ; and they are not to be fubdued but at the
price of bldod* And where is your authority, where is your
rigjht to go home, invade and break into a foreigrl territory, and
there eftablifh a flstughter houfe for the brave' fons of America ;
there fpill your blood, and expend your treafute, deflroy cities,
demolifh houfes, plunder the inhabitants, and wafle the fub-
ftance of the induftrious and the innocent. Sir, there is no right
but a Napoleon right, and not that which reafon approves.

Sir, there is no man in chriftendom who is fo abandoned to
moral fentiment, or to the feelings of humartity, as dare fay that .
he delights in the fight of the agonies of death — why then will
you fall on the unoffending and put them to the fvvord— and
\yhat are we to gain by it ? He laid that he faw nothing to be
obtained, but a negociation with the Briufh government, on the
fubjeft of impreflment. Sir, no man will fay that this war is a
vindictive war — or that we can fubdue the government ofG*»
Britain— why then purfue it ?— The advocates of this bill fay
in reply, that the war is commenced, and we muft profecute it or
fubmit— fubmit t© what ? Sir, to my mind we fhiJI fubmit to
nothing— by abandoning this war, and making open and direft
overtures for an honoraple peace — but to the dictates of found -
policy, and the wi!h of our conftituents. It has been obferved,
that we cannot give up this war confiftently with the honor of
.the nation. Why, fir, the honor which we may acquire in fu-
ture, by profecuting this war, is uncertain — if we reafon from
analogy, and from the fa&s before us, that have grown out of
the laft fix months war ; we have nothing to hope for on the
fcore pf honor. And if we continue the war for the four years '
to coaie, in my opinion the nation .will be as deftitute of honor,
as of money. Sir, the honor of admimftration coilfifts in pro-
moting the peace, the profperity and happinefs of the people.
We cannot progrefs in this war againit the public fentiment—
we muft have the people with us : if they want war they will
have it, and they muft put th^ir hands in thei^ pockets and pay
forit-^and it is equally true, that if thty are oppofed to this war
they will put it down- x

' Mr. B. laid, that the war was becoming more and more un«
popular in the eaftern ftates,' efpecially in the ftate which he had
he honor to reprefent, and they had in their late elections* come

180 CONGRESSIONAL REPORTER.

r i

forth and declared it in a voice and language which cannot be
mifunderftood. And whtther there will be a majority in the
next Congrtis in favor of this war was uncertain-— he hoped nor.

Mr. V B. fa'uU he had hiard gentlemen fay* that if wt were u-
nited, we could proftcute this \yar with iff £l» a«d take the Can-
adas ; fo he could faj , that were we united* wtf lhould negotiate
an honorable peace, #nd put an end to the horrors and perplex-
ities of war— -but this Has not the fail, we were hot united ; we
were a divided pe©pl< . Sir, faid Mr B* we differ in fentiment
on the bill under confi K ration, and who is in fault ? If 1 differ
from you, it is txcaufe you differ from me, and if we are eqttaL
ly hon< ft, I fhall confuler it your misfortune, and not your fault.

Mr. B. did, he could not uhite with the friends of this bilb in

firofecudng the war without violating his own underftind\ngaod
tnfo ofdutj— the government had already fufflr^d greatly from
discord and difference of opinion — the body politic had hen
groaning undi r the weight of difeafe, and for feveral years pad
had been in a high ftate of fermentation. And, for the laft twelve
months had a naujea — i>ut he faid, if the dole of axes which
were prepared laft ft ffion, had been promptly adminiftered, in
bis opinion, the nation would have difgerged the morbid matter,
and by this time have been reftored to a confirmed (late of polit-
ical health. >

Mr. B. clofed by faying, that be hoped the people of the U. S.
would learn wifdofo by the evils which they had been made to
fuffer : and that this houfe would not ' aggravate their di(lrc&>
not increafe their alarm by the paffmg of this bill.

Mr. QUINCY. .Mr. Speaker, I fear that' the ftate of my
health may prevent my doing juftice to my fentiments, concer-
ning this bill. I will, however, make the attempt, though I
fhould fail in it.

The bill propofes that 20,000 men fhould be added to the ex-
ifling military eftablifhment. This, at prefent, confiftsof 35,-
000 men* So that Hie eff.£t of this bill is to place, at the difpo-
fal of the executive, an army of £5,000. It is not pretended, that
this addition is wanted, either for defence, or for the relief of
the Indian frontier. On the contrary, it is exprcfaly acknowl-
edged, that the pnfmt eftablifhment is fufftcn nt for both of thofc
objects. But the purpofr, for which thefe 2Q,000 men are de-
manded ib the invasion of Canada. This is unequivocally a-
vowed by the chairman of the committee of Military Affairs,
(Mr. p Ri Williams) the organ, as is admitted, of the will'and
the withes of the American cabinet.

The bill, therefore, brings? necvflarily, into deliberation, the
conqueft of Canada, either v as an objetl, in itfelf, defirable, or
conieqiKiitially advantageous, by its effefl, in producing an ear-
ly and honorable ptace.

Before I enter upon the djfeuffion of thofe topics, which nat-
urally anfe from this ftate of the fubject, I will afk your indulg-

CONGRESSIONAL REPORTER. 181

cnce, for one moment, while I make a few remarks upon this
intention oithk American cabinet, thus unequivocally avowed*
I am induced to this from the knowledge* which I have, that
this defign is not deemed to be firiou.s by fome men of both
parties ; as well within this houfe, ak but of it. I know that fome
of the friends of the preknt adminiftration do confider the pro-
portion as a mere ft int, made for the purpofe of putting a good
face upon things, and of (lengthening the hope of a fuccefsfui
negotiation, by exciting the apprehenlions of the BrLtifh cabinet
for the fete of her colonies. I know, alfo, that fame of thofe,
whoare oppofed in political fcntiment, to the men, who are now
at the head of affairs, i-mgh at thrfe ichemes of invafion ; and
deem them hardly worth controVcify, on account of the ineffi-
cency of the American cabinet, and the embarraffment of it9
refources.

^ I am anxious that ho dbubt fhould exift, upon this futyeft,
cither in the houfe, or in the nation* Whoever coniiders the
object of this bill, to beany other than that., which has befcn a -
▼owed, is miftaken. Whoever believes this bill, to be a means
\ of peace, or any thing elfe, than an inftrument of vigorous and
long protratted war/ is grievously deceived. And whoever
aft$, under fuch miftake, or fuch deception, will have to lament
onejof the grofK ft, and perhaps one of the rnoft critical errors,
ofhis political life. I warn, therefore, my political opponents ;
thofe hoheft men. of whom I know there are fome. who, pay*,
ing only a general attention to the courfe of public affairs, fubmii
the guidance of their opinions to the men, who (land t at the
helm, not to vote for this bilh under any belief that its objeft is -
to aid negotiation for peace. Let fuch gentlemen recur to their
beft experience, on firniiar occasions. They will find that it
has been always the cafe, whenever any obnoxious meafure is
about to be paft, that its palfige is affifted by the aid of fome
fuch collateral fuggeftions. No fooner do the cabinet perceive
that any potion, which they intend to adminifter, is loathecLby
a confiderable part of the majority, and that their apprehenfions
are alive l< ft it lhould have a fcowering effect upon their popu<*
larity, than certain under-operator^ arc fet to work, whole hud*'
m fs it is 10 anufe the minds, and beguile the attention, of the
parit nt, while the dole is fwallowin*. The language always is
— -'* Truft tlv Cabinet dolors. The medicine will not oper-
ate as you imagine, but quite another way.'* After this manner
the fears of men are allayed, and the purpofes of the adminiftra-
tion are attained, unc&r fuggeftions, very different from the true
motives. Tiius the efribargo, which has fince been unequivo-
cally acknowledged to have been intended to coerce G. Britain
was adopted, as the Executive afTerted, " to fave our efllntiai
relo'irces.'' S'*al(o. when theprefeot war was declared againft
G- Britain members of the Houfe were known to ftate, that they
voted for it, under the fuggeftion that it would not be a war of
ten days } that it was known that Mr. Fofter had inftru&ions to

182 CONGRESSIONAL REPORTER.

* make definitive arrangement?, in his pocket ; and that the Uni-
ted States had only to advance to the point of war, and the whole
bufinefs would be fettled. Ancf now, an army, which in point
of numbers, Cromwell might envy, greater than that with which
Caefar pafled the Rubicon, is to be helped through a reluctant ^
Congrels, under the fuggeftion of its being only a parade force,
to make negociation fuccefsfui > that it is the incipient ftate of a
project, for a grand pacification I

I warn alfp ray political friends. T4iefe gentlemen are apt to !
place great reliance on their own intelligence and fagacity. Some * \
ot thefe will tell you, that the invafipn of Canada is i upofiible.
They afk where are the men — where is %*money to be obtain-
ed ? And they Jalk very wifelv concerning commoh fenfe and
common prudence, and wilWnow, with much learning* how
this attempt is an offence agai aft both the one and the other*
But, fir, it has been my lot to be an obferver of the character and
condii£tof the men now in power, for thefe eight years. paft.
And I ftate without hefitation, that no fcheme ever was, or ever
will be ttje&cd by them, merely on account of its running
counter to the ordinary deflates of common fenfe and common
prudence. Onr the contrary, on that very account, I believe it
morjs likely to be both fuggefted and adopted by them* And
what may appear a paradox, for that very reafon, the chance is
rather increafed, that it will be fuccefsful. •

I could illuftrate this polition twenty ways- 1 fball content mj>
felf with remarking only upon two ipftances, and thofe recent ;
the prefent war, and the late invafion of Canada. When wara-
gainft G. Britain was propofed at the laft feffion, there were i
thoufands in thefe U. States, and I confcfs to you, I was myfelf .
among the number, who believed not one word of the matter.
I put my truft in the old fafhioned notions of common fenfe, and
common prudence. That a people, which had been more than ■
2©} years at peace, fhould ent^r upon hoftilities, againft a people
ivhich had been 20 years at war ; that a natiQn, whofe army &
navy were little more than nominal, fhould engage in war whh
a nation pofleffing one of the belt appionted armies and the mod
povyerfuf marine on the globe? that a country, ta which neu-
trality Jiad been a perpetual harveft fhould throw that great bles-
fing aw^vTor a controverfy in which nothing was to be gained,
and everything valuable put in jeopardy ; from thefe, and innu- .
merable ljke confederations* the idea seemed fo abfurd, that I ne-
ver once ' »tert*ined it as poffible. And now, after war has
been declared the whole affair feems fo extraordinary and fo ir-
reconcilable to any previous fuggeftion of wifdom and duty, that
I know not what to make of it or how to believe it. Evehat
this moment, my mind is very much in the ftate of certain Penn-
fyivania Germans, of whom I- have heard it afTerted, that are
taught to believe, by their political leaders, and do at this mo-
ment confider the allegation, that wrfr is at prefrnt exifting be-
tween the U. States and G. Britain, to be a "federal falsehood."

; ■ ■ .•■ < . ■ ,/' . " • .

CONGRESSIONAL REPORTER. , 183-

It is jaft fo with refpefl to, the invafion of Canada. I heard of
; it laft June. I laughed at the idea, as did multitudes of others*
as an attempt too abfurd for ferious examination. I was in this
j^afe again beat>by common fenfc aiio* common prudence. That
the U^States Ihould precipitate itfclf upon the unoffending peo-
ple of that neighboring colbny** unmindful of all previeusly fub-
iifting amities* becaufe the parent ftate* 3000 miles diftattt* had
violated fome of our commercial rights) tljtatwe ihoulc^march
% inland? to defend our lhips and feamen ; that with ra\fr troops*
haftily collected* miferably appointed, and deftitute of difcipline*
we lhould invade a country* defended by veteran force's* at leaft
equal* in point. of nurnberfc* to the invading army ; that bounty
(hot! Id be offered and proclamations iffued* inviting the fubje£ls
of a foreign power to treafon and rebellion* under the influences
of a quarter of the country* upon which a retort of the fame na-
ture was fo obvious* fo eafy* and in its confeqiiences fo awful ;
in every afpeft, the defign feemed fo fraught With danger and
difgrace, that it appeared abfolutely impoffible, that it fhould be
feriously entertained. Thofe however, who reaioned after this
manner were, as {he- event proved; miftaken. The war was de-
clared. Canada was invaded. We were in hafte to plunge in-
to thefe great difficult'^ and we have now realon, astwell as leis-
ure enough, for referet and repentance.
^ m The great miftake of all thofe, who reafoned concerning the
invafion of Canada, and concluded that it was impoffifile that ei-
ther fhould be feriously^ntended, refulted" from this, that they
never took into confideration the connexion of both thofe eVertts
' with the great election for the chief magiilracy which was pen-
ding. It never was fufliciently confidered by them * that plung-
ing into war with G. Britain was among the conditidns on
which fupporjt for the Prefidency was made dependent. They
did not understand that an invafion of Canada was to be in
truth only a mode of carrying on an ele&ioncering campaign.
But fince events have explained political purpofes, there is
no difficulty in feeing the connections between proje&s
and interefts. It is now apparent to the moft mole-fighted
how a nation may be difgraced, and yet' a cabinet' attain its de-
1 fired honors* All is clear. A country may be ruined, in mak-
ing an-adminiftration happy.

I faid, Mr. Speaker, that fuch ftrange fchemes, apparently ir-
reconbileable to common ienfe and common prudence, were
on that very account, more likely to be fuccefsful. Sir, there
is an audacity, which fomt times (lands men inftead both
of genius and ftrength. And moft affuredly, he is moft
I likely to perform that, which no man ever did before,
I and will never be likely to do again, who has the boldnefs td
\ undertake that, which no man ever thought of attempting, in
r time paft* and no man wilt ever think of attempting in time fu-
ture. I would not, however, be underftood as intimating, that
' this eabinet proje£l of invafion is impracticable, either as it re*

m CONGRESSIONAL REPOTER.

pefts the colle£lion of means and inftruments, or in the ulti-
mate refult. On the contrary, fir, I deem bpth very feafible.
Men may be obtained. For if forty dollars bounty cannot ob-
;ain them, an hundred dollars bounty may, and the intention is
explicitly avowed not to fuffer the attainment of the defired
irmy to be prevented by any vulgar notions of economy. Mo*
ley may be obtained. What, by means of the increafed popu"
larity, derived from the augmentation of the navy, what, by op-
sning fubfeription offices in the interior of the country, what, by
targe premiums* the cupidity of the monied intereft may be
;empted beyond the point of patriotic relittance, and all the at-
tained means being diverted to the ufe of the army! pecuniary
refources may be obtained, ample at leaft for the firft year. And J
Ir, let an army of thirty thoufand men be collected, let them be *
jut under cogimand of a popular leader, let them be officered i!
:ofuit hispurpofes, let them be fluflied with victories, and fee
the fafcinating career of military glory opening upon them, and
they will not thereafter ever be deficient in refources. If they
cannot obtain their pay by your votes, they will colledt it by
their own bayonets t and they will not rigidly obferve any air-
lines, or water- lines in enforcing their neceffary levies ; nor be j
Rayed by abftradt {peculations concerning right, er learned c*n- 1
ftitutional difficulties. * \

I defire therefore, that it may bq diftinfeHy underftood, both |]
by this Hbufe and this natidn, that it is my unequivocal belief
that the invafion of Canada, which is avowed |>y the Cabinet to
be its purpofe, is intended by it; — that continuance of the war
ind not peace is jts project. Y£s, fir, as the French Emperor
aid concerning ihips and colonies, of our cabipet, the friends of
he French Emperor may fay, with rcfpe£t to Canada & Hali-
ax~ * They en ter *>*to the scope of its policy."

C Mr. ({juincy was called to order by Mr. Hall of Georgia,
or intimating that the* members of the Cabinet were friends
o the French Emperor.

Mr. Quincy faick that he underftood that the relations of am-

tydid fubfift between this country and France, and that in

jch a ftate ofthings he had a right tofpeakofthe American

Cabinet as the friends of France, in the fame manner as he had

ow aright to call them the enemies ofG. Britain.

The Speaker faid, that the relations of amity certainly did

lbfift between this country and France, and that he did not

onceive the gentleman from Maflachutetts to be out of order

i his expreflions. That it was impoflible to prevent gentlemen

om expreffing themfelves fo as to convey an inuendo.']

Mr. Journey proceeded — If ? Mr. Speaker, the gentleman from

reorgia afid his political friends fhould take one thing intocon-

ieratipn, he and they will have no reafon to complain, in cafe

e cabinet be of that immaculate nature he fuppoles. No ad.

iniftration, no man #as ever materially injured by any mere

* J

CONGRESSIONAL REPORTER. 185

•• tntiendof . The ftrength offafire is thejuftnefe of the remark,
^nd the only fting of inventive is the truth of the obfervation.

^ 1 will now proceed to difcufs thofe topics which naturally st-
rife out of the bill under confideration and examine the prppo*
fed invaiion of Canada, at three different points of vi^w*

- 1. As a means of carrying on the feiblifting war. "'■'

2. As a means of obtaining an early and honorable peace,

3. As a means of advancing the perfooal and local projefts
of ambition of the members of the American cabinet.

Concerning the invafion of Canada, as a means of carrying
on the fubfifting war, it is my duty to fpeak plainly and decided-
ly, not only becaufe I herein exprefs my own opinions upon the
tiibject, but as I confeientioufly believe, the fentiments alfo of
a very great majority of that whole fe£tion ot country in whieh
I have the happioefs to refide. I say then, sir, that I consider
the invasion of Canada as a means of carrying on this war, as
cruel, wanton, sensless^ and witked.

You will eafily underftand, Mr. Speaker, by this very Hate*
ment of opinion, that 1 am not one of those politicians who have
for fo many years predominated in the world on both fides of
the Atlantic. You will readily believe, that I am one not of
thofe who worfhip in that temple, where Condorcet is the high
prieft and Machiavel the God. With fuch politicians the end
. always 'fan&tfies the means ; the leaftpdffiblegood to themfdves
perfetUy juitifies according to their creed, the infli&ing the
greateft poffible evil upon others. In the judgment of fuch men
if a c6rrupt miniftry at three thoufand miles diftance (hall have
done them an injury* it is an ample caufe to vifit with defolatiori
a peaceable and unoffending race of men their neighbors, who
happen to be affociafced with that miniftry by ties of mere polit-
ical dependence* What though thefe colonies be {b remote
From the fphere of the queftions in controverfy, that their ruin
or profperity could have ho poffible influence upon the refult?
What though their cities offer no plunder ? What though their
conqueft can yield no glory ? In their ruin there is revenge.
And revenge to fuch politicians is the fweeteft of allmorfels.
With fuch mtn, neither I nor the people of thatfe&ion ofcoufi-
try in whifeh I refide hold any communion. There is between
us and them no one principle of fympathy either in motive or
§6Hon. That wife, moral, reflecting people which conftitute a
great mafs of the population of Maffeahufetts --indeed of all N.
England — look for the refources of their political duties no
where elfc than in thofe fountains, from which fpring their mor-
al duties. According to their eftiraate of human life and its ob*
ligations, both political and moral duties emanate from the na-
ture of things, and from the efTential and eternal relations which
fubfift among them. True it is, that a ftate of war gives the
right to feize and appropriate the property and territories of an
enemy. True it is, that the colonies of a foreign power are
viewed, according to thelaw of nations, in the light of its proper-

186 CONGRESSIONAL REPORTER.

ty. But in eftinfating the propriety of carrying defolation in-
to the peaceful abodes of their neighbors, the people of New-
England will not limit their contemplation to the mere ^ circum-
flance of abftrafl right nor alk what lawyers and jurifprudifts
have written or faid, as if this was conclufiye upon the fyj}je6h
That people are much addtded to think for themfelvcsj and in
canyaffing. the propriety of fucb an invafion, they will confider
the aftual condition, of thofe colonies, their natural relations to
Uk, and the effedl which their comjueft and ruin will have, hot
pnly upon the people of thofe colonies, but upon themfelves, and
their own liberties and conftitufion. Above all, what I know
will leem ftrange to fome of thofe who hear me,they Will not for-
get to apply to a cafe occurring between nations as far as is prac-
ticable, that heaven. defcended rule which the great author and
founder of fheir religion has given them for the regulation of
their conduct towards £ach other. They will confider it the
duty of thefe United States toad t9wards thofe colonels as they
would i with thofe colons to afct, in exchange ofcircumftances
t owards the fe United States. # 7;

Thea£Uial condition of thofe colonies, and the relation in
which they flood to th&'U. S. antecedent to the declaration of
waifc.wereof this nature. Thofe polonies had no connexion
with the queftions in difpute between us and their parent ilate.
They had done us no injury. They meditated none to us. Be.
tween the inhabitants of thofe colonics and- the citizens of the U.
S. the moft friendly and mutually ufeful intercourfe fubfifted.
The borders on this, and thofe on the othe fide of the St. Law-
rence, and of the boundary line, fcarcely realized that they were
fubje&s of different governments. They interchanged expret -
fions and a£ts of civility- Intermarriages took place ataong them.
The Canadian fometimei fettled in the U. S. ; iometimes our
cufcaens emigrated to Canada. , After the declaration of war, had
they any difpofition to affail us ? vWe have the revei fe expressly
in evidence. They defired nothing fo much as to keep perfcft
the th?nfubfifting relations of amity, Would th^s conqueftof
thofe colonies, fhake the policy of the Britifli cabinet ? No* marf
hasfhewn it. Unqualified aflertions, it is true, have been made
but totally uufupported by any evidence, or even thp pretence
of argument. On the contrary, nothing was more obvious than
that an invafion of Canada mull ftrengthen the miniftry of Grea^
Britain, by the excitement and fympathy which ,would be oc.
cafioned in the people of that country inconsequence of thefuf
fering of the innocent inhabitants of thofe colonieSj on account*
of adilputeih which they had no concern, and of which they
had scarcely a knowledge. AH this was anticipated — all' this was
frequently urged to this house at the last and preceding session,
as the necessary effect of such a jneasui e. The- event lias justifi-
ed those predictions/ The late elections in G. B. have termina-
ted in the complete triumph of the friends of the British' ministry.
In effecting this change, the eabinet of the U, S, in relation to

CONGRESSIONAL REPORTER. 187

Canada lias had, undeniably a mighty influence, by the disgust
and indignation felt by the British people at a step so apparently
wanton and cruel. A

-As there was no direct advantage to be hoped fram the c«m-
quest of Canada, so also there was none incidental. Plunder there
was none— at least, none which would pay the cost of the con-
quest. Glory there was none. Could seven millions of people
obtain glory by precipitating themselves upon half a million and
trampling them into the dust ? A giant obtain glory by cfutfhing
a pigmy J That giant must have a pigmy's spirit who could reap
qv hope, glocy from such an achievement.

Surely a people, with whom we were connected by so many na-
tural and adventitious ties, had Some claims upon our humanity.
Surely if our duty required that tljey and theirs should be sacri-
ficed to our intetests or our passions, some regret mingled in the
execution of the purpose. We postponed the decree of ruin until
the last mement. We hesitated— we delayed until longer delay
was dangereous. Alas! sir, there was nothing, of this kind' or
character in the conduct of the' cabinet. The war had not yet been
declared, when general Hull had his instructions to put in train
the work of destruction. There was an eagerness for the blood
of the Canadians — a' headlong precipitation for their ruin, wtych
indicated any tiring else rathewthan feelings of humanity, or vis-
itings of nature, on account ot their condition. Our armies were
on their march for their frontier, while yet peace existed he^veen
this country and the parent state ; and the invasion was obstin-
ately pursued, after a knowledge that the chief gronmfof contro-
versy was settled, by the abandonment of the British orders in
eouneil : and after nothing remained but a stale ground of dispute
which, however important in itself, was of a nature for which bo
man has ever yet pretended that for it alone war would have been
declared Did ever one government exhibit towards any people
a inore bloody anil relentless spirit of rancor ? Tell not me of
petty advantages— -of remote and, possibly, useful contingencies
- ^Vhieh inurht arise from the devastation of those colonies. 8htrw"
any advantage which justifies the dreadful phial of w*ath which,
if the intention of this American cabinet had been fulfilled, would
at this day, have been poured out upon the heads of the Canadians.
' It is not owing to the tender mercies of American adminis ration,
if the bones of the Canadians are not at this hour mingled with
the ashes of their habitations. It is easy enongh to make an ex-
cuse for any purpose. When a victim is destined to be immolated
. every hedge presents sticks for the sacrifice. The lamb who
stands at the mouth of the stream, willalways trouble the water,
if you take theaccount of the wolf who stands at the source of it.
But show a good to us bearing any proportion to the multiplied
evils proposed to be visited upon them. There is none. Kejer
was there an invasion of any country worse than this, in point of
moral principle, since the invasion of the West-Indies by the
Buccaniers, or that of these United States by captain Kidd. In-

188 CONGRESSIONAL REPORTER. .

deed, both Kidd and the Buccaneers had mere apology, for their
deed than the American cabinet. They had at least the hope of
plunder ; hut in this case there is not even the poor refuge of cu-
pidity. We have hoard great lamentations about the' disgrace of
•ur arms on the frontier. Why, sir, the disgrace of our arms on
the frontier is terrestrial glory, in comparison with the disgrace
•f the attempt. The whole atmosphere rings wkh the utterance
from the other side of the house, of this word " glory"-— « glory'*
fa connexion with this invasion. What glory ? It is the glory of
the tiger which lifts his jaws, all foul ami bloody, from the bow-
els of his victim, and roars for his companions of the wood 1 9 come
and witness his prowess and his spoils! Such is the glory of
Gingbis Khan, and of Bonaparte, Be such glory far, very fa*,
from my eduntry. Never, never may it be accursed with such
fame*

" Fame is no plant that grows on mortal soil,

Nor in the glittering soil.

Set juff to the world, nor in broad rumor lies,

Bui lives and spreads aloft, by those pure eyes,

Atid perfect witness of all iudging Jove,

Ashe pronortnees lastly on each deed/'

May twieh fame as this be my coup try's meed !

Bui the wise arid thoughtful p^&ple of our northern section
will Bet confine their reflections to the duties which result from
the aetual eomhtion of those colonies, and their general relatieas
to the United States; they will weigh the duties the people of the
U. States owe to themselves, and contemplate the effect which the
subjugation of those Canadians will have, upon our own liberties
and constitution. Sir, it requires but little experience in the na-
ture of the human character, and but a vevy limited acquaintance
with the history of man, to be satisfied that with the conquest of
the Canadas the liberties and constitution of this country perish.

Of all nations in the world, this nation is the last which ought
to admit, among its purposes, th& design of foreign conquests.
States, such as are- these, connected by ties so peculiar : into
Whose combination there enters tiecessarilv numerous jealousies
tad fears ; whose interests are not always reconcile? bl? ; and the
passions, education and character of whose people, on many ac-
cennts, are repugnant to each other; with a constitution made
merely far defence ; it is impossible that an association of inde-
pendent sovereignties, standing in. such relattois to each other,
should not have the principles of its u'lioi and the hopes of its
constitution materially affected 'by 'the collection of i la*ge mili-
tary force, and its employment in tho subju^atitM of neighboring
territories. It is easy to see that an army, collected in such a
state of society, as that, which exists in this- country, where wa-
ge* are high and subsistence easily to be obtained, must he com-
posed, so far as respects the soldiery, for the. most pwt of the re-
fuse of the country; and as respeets th.voi'fieers, with some hon-
orable exceptions indeed, must consist in a considerable degree,

s CONGRESSIONAL REPORTER. 189

of men desperate sometimes in fortune, at others in reputation;
" choice spirits ?' men ** tired of ihe dull pursuits of civil life,"
jwho have not virtue or talents to riser in a caldiand settled static of
tilings, and who, all other means of advancement or support,
-wanting or failing, take to the sword. A body of thirty ar fifty
thousand such men, combined, armed and under a popular leadvr,
is a very formidable force, » They want only discipline- »nd ser-
vice to make them veterans. Opportunity to acquire these,
Canada will afford. The army whieb advance's to ihe walls 4»
Quebec, in the present condition of Canadian preparation, must
be veteran. And a veteran army, under a popular leader, flush-
ed with victory, each individual realizing, that while the body
remains combined, he may be something, and possibly very great
— -that if dissolved, he sinks into insignificance/ will not be disv
banded by vote. They will consult' with one another, and with
their beloved chieftain, upon this subject ; and not trouble them-
selves about the advice of old people who are knitting and weav- ,
ing^in the chimney corners at Washington. Let the Americ&a
people receive this as an undoubted truth which experience will
verify- Whoever plants Uie American standard on the walls of
Qjubec., conquers it for himself \ and not for the people of these U-
nited States Whoever lives to see that evenU--may my head be
low in the dust before that happen !— will witness a dynasty es-
tablished in that country by the sword. He will see ja king or an
emperor, dukedoms and earldoms and baronies, distributed to the
officers, and knight's fees bestowed on the soldiery. Such an ar-
my will not trouble itself about geographical lines, in portioning
cuit the divisions of its new empire : and will run the parallels of
its power by other steel than that of the compass. When that
event happens, the people of New-England, if they mean to be
free, must have a force equal to defend themselves against such
an aruiy. And a military force equal to this object will itself be
able to enslave the country,

Mr. Speaker — When I contemplate the character and conse-
quences of this invasion of Canada ; when I reflect upon its crim-
inality and its danger to the peace and liberty of this once happy
country! I Chaukthe great Author and source t>f all virtue, that
through his grace that section of country in which I have the
happiness to reside, is in so great a degree free from the iniquity
of this transgression. I speak it with pride, the people of that
section have done what they could to vindicate themselves and
their children from tjie burden of this sin. The whole seeiion
has risen, almost as one man, for the purpose of driving from
power, by one great constitutional effort, the guilty authors of
this war. If they have failed, it has been not through tho want
of will or of exertion, but in consequence of the weakness of their
their political power. When in the usual course of divine prov-
idence, who punishes nations as well as individuals, bis destroy-
ing ongel shall on this account pass over this country— and soon-,
er or later, pass it will*-*! may be permitted to hope that over

> i

•

190 CONGRESSIONAL REPORTER. .

New-England hi9 hand will be stared. Our souls are not steeped
in the blood which has been shed in this war. The spirits of the
unhappy men who have been se£ to an untimely audit, have
borne to t\ye bar of divine justice no accusations against us.

This opinion, co.tucrning the principle of this invasion of Can-
ada is not peculiar to me. Multitudes who approve the war de-
test it. I believe this sentiment is entertained, without distinc-
tion by almost all the moral sense, and nine-tenths of the intel-
ligence of the whole northern section of * the United States. I
know* that men from that quarter of the country will tell you.
differently. Stories of a very different kind are brought by all
those who coijie trooping to Washington for place, appointments
and emoluments ; men who will say any thing to please the ear
tfr do any thing to please the eye of Majesty, for the sake of
those fat contracts and gifts which it scatters ; meft whose fa-
thers, brothers ami cousins are provided for by- the departments;
whose full grown children arc at suck at the money-string
ureasts of the treasury ; the little men who sigh after great of-
fices ; those w r ho have judgshipa in land or jndgships. in promise ;
toads that live upon the vapor of the palace ; that swallow great
men's spittle at the levees ; that stare and wonder at. all the fine
sights which they sec there, and most of all wonder at them-
selves — how they got there to^see them. These men will tell you
that New-England applaud^ the invasion;

But, Mr. Speaker, look at the elections. What is the language
they speak ? The present tenant of the chief magistracy reject-
ed, by that whole section of country, with the excrfptioaof a sin-
gle state, unanimously. And for whom ? In favor of a ^aao,
out of the circle of his own state, without much influence, and
personally almost unknown. In favor of a man against whom
the prevailing influences in New England hail previously strong
political prejudices ; and with whom, at the time of giving him
their support, they had no ^ political understanding; in favor of
a man whose merits, whatever in other respects they might be,
were brought into notice, in the first instance, -chiefly so far as
that election was concerned, by their opinion of the utter want of
merit of the man whose re-election they opposed.

Among the causes of that universal disgust which pervaded all
New-England, at the administration- and its supporters, was the
general dislike and contempt of this invasion of Canada. I have
taken some pains to learn the sentiments which prevail on this
subject in New England, and particular^ among its yeomanry,
the pride and the hope of that country. I have conversed with
men resting on their spades and leaning on the handles of their
ploughs, while they relaxed for a moment from the labor by
which tliey support their families, and which gives such a hardi-
hood and character to their virtues. They asked — *« what do
we want of Canada ? We have land eftough. Do we want plun-
der? There is not enough of that to pay the cost of getting it.
Are our ocean rights there ? Or is it there our seamen arc heJd

i «

CONGRESSIONAL REPORTER. 191

in captivity ? Are new states desired ? We have plenty of those
already. Are they to be held as conquered territories? This
will require aij army there. .Then to be safe, we must have an .
army here* And with a standing array, what security for our
liberties i" ' '

These are no fictitious reasonings. They are the suggestion* *
I doubt not of thousands and tens of thousands of our hardy New
England yeomanry f men who when their country calls at any
/wise and real exigency, will start from tlieir native soils and
throw their shields over their shoulders like ihe soldiers bf Cad*
in us, '■« armed with complete Steele, .f 9 yet men who have4ieard
the winding of your horn to the Canada campaign, with the same
apathy and indifference with Which they would hear in the streets
the trilling of a jews-harp or the twirring of a banjoe.

1 The plain truth is, that the people of- New England have no
desire for Canada. Their moral sentiment does not justify, and ,
thev will not countenance its invasion. I have thus stated the
grounds on which they deem, and I have felt myself, -bound to
maintain, that this contemplated invasion of that territory is, as
it respects the Canadians, wanton and cruel ; because it inflicts
the greatest imaginable evils on them, without any imaginable \
benefit to us; that, 33 it reepects the United States, such an in-
vastan is sense less, because ultimately ruinous to our political
safety ; and wicked, because it is an abuse of the blessings of Di-
vine Providence, and $ manifest perversion of his multiplied
bounties, to the purpose of desolating an innocent and unoffend-
ing people.

I shall now proceed to the next view, i proposed to take on
this project of invading Canada, and consider it in the light of
■" a means to obtain an early and honorable peace. It is said and
this is the whole argument in favor of this invasion, in this as-
pect, that the only way to negociate successfully with Great Brit-,
ain, is to appeal to her tears and raise her terrors for the fate of
her colonies. I shall here say nothing concerning the difficul-
ties of executing this scheme ; nor about the possibility of a de-
Seiency both in men and money. I will not dwell on the disgust
of all New England, nor on the influence of this disgust with res-
pect to your efforts. I will admit for the present, that an army
may be^raised, and that during the first years it may be support-
ed by loans, and that afterwards it will support itself by bayonets.
I will admit farther, for the sake of argument, that success is
possible and that Great Britain realizes the practicability of it.
Now all this being admitted, 1 maintain that the surest of all
possible ways to defeat any hope from oegoeiation, is the threat
of such an invasion and active preparation to execute It. Those
mtist be very young politicians, ther pin-feathers not yet grown,
and however they may flutter on this floor, they are not y$t
fledged for any higher distant flight, who think that threats and
appealing to fear are the ways of producing a disposition to nego-
ciate in Great Britain* or in any other nation which understands

192

CONGRESSIONAL REPORTER.

what it owes to lis own safety and honor. No nation can yield to
threat what it inight yield to a sense of interest ; because, in that
ease, it has no credit for what it grants, and what is more, loses
something in point of reputation , from the imbecility which eon-
cessions made under such circumstances indicate. Of all nation!
in the world, Great Britain is the last to yield to considerations
of fear anlll terror. The whole history of the British Ration i« r
one tissue of facts, tending to shew the spirit with which she
meets all attempts to huily ami brow -beat her into measures in-
consistent with her interests or her policy. No nation ever be-
fore' made such sacrifices of the present to the future. No nation
ever built her greatness more systcmieally, on the principle of a
haughty self-respect, which yields nothing to suggestions of dan-
ger, and which never permits either ability or inclination to
maintain her rights to be suspected. In all negoeiations, there-
fore, with that power, it may be taken as a certain truth, that
your chance of failure is just in proportion to the publicity and
obstrusiveness of threats and appeals to fear. ^

The American cabinet understand all this Very well, although
this House may not. Their policy is founded upon it. The proj-
ect of this bill is to put at a still further distance the chance of
amicable arrangement, in consequence of the dispositions which
the threat of invasion of their colonies, and attempt to execute
it will excite hi the British nation and ministry. I have some
claim to speak concerning the policy of the men who constitute
the American cabinet. For eight years I have studied their his-
tory, character and interests. I know no reasons why I should
judge them severely, except such as arise from those inevitable
conclusions* which avowed principles and distinct conduct have
impressed upon the mind. I say, then, sir, without hesitation,
that in my judgment, the embarrassments of our relations with
Great Britain, and keeping alive between this country and that
a root of bitterness has been, is, and will continue to be, a main
principle of the policy of this American cabinet. They want not
a solid settlement of our differences. If the nation \vill support
them in it, they wiH persevere in the present war. If it will not,
some general arrangements will be the resort, which will leave
open opportunities for discord; which on proper occasions will
be improved by them. J shall give my reasons for this opinion.
I wish no sentiments of mine to have influence any farther than
the reasons upon which they are founded justify. They are
public reasons, arising from undeniable facts : the nation will
judge for itself. r y ;

The men who now* and who, for these twelve years past, liave,
to the misfortune of this country, guided its councils and directed
its destinies, came into power on a tide, which was raised and
supported by elements constituted of British prejudices and Brit-
ish antipathies* The patties which grew up in this nation took
their origin and form at the time of the adoption of the treaty

• .

CONGRESSIONAL REPORTER. 1*3

efrociated by Mr. Jay, in 1794 The oppcfition of that day, of
'hich the men now in power were the leaders, availed them*
rives, very dexu roufly, of the relics of that hatred towards the
!t\tilh name which remained after the revolutionary war. By
trpetually blowing upon the embers of the ancient paffions,
tiey excited a flame in the nation $ and by fyftematically di- i
eftirtg it againft the honorable men who at that time conduced
ts affairs, the ftrength and influence of thofe men were impaired,
rhe cmbarratfments with France, which fucceeded in 1798 and
799> were turned to the lame account. Unfortunately, thofe
vho then conducted public affairs attended lefs totheap?
>earance of things, than to their natures ; and confidered more
vhat was due to their country than was prudent, in the ftate of
he prejudices and jealoufics of the people, thus artfully excited
igainft them. f J hey went on, in the codrfe they deemed l right,
regardlefs of perfonal confequences, and blind to the evidences '
otdifcontent which furrounded them. The confequences are
well known. The fupreme power in thefe U. S. paffed into the
hands which now poffefs it ; in whicK it has been continued
down to the prefent time. This transfer of power was effe&eii
undeniably, principally on the ground of thefe prejudices and
antipathies which exifted in the nation againft Great- Britain ;
and which had been artfully fomented by the men now in power
and direfiled againft their predeceflbrs. The fe prejudices and
paffions conftittvte the main pillar of the power of thefe men. In
my opinion, they never will permit it to be wholly taken away
from them. They never will permit the people of this Country
to look at them and their political opponents, free of that jaund-
ice with which they carefully imbued the vifion ot their own
partizans. They never will confent to be weighed in a balance l

of mere merits ; but will always take care to keep in referve
fome portion of thele Britifh antipathies, to throw as a make-
weight into the oppofite, fcaU\ whenever they find their own fink- *■
ing. To continue, multiply, ftrengthenand extend'thefe props
of their power, ha been and ftill is the ebjcfV of the daily ftudy
rod the nightly vigils of our American cabinet. For this the ■
ritifh treaty was permitted to expire by its own limitation ;
twithftanding the ftate of things which the treaty of Amiens

produced in Europe was fo little like permanent peace, that "
e occurrence of the fa&ion which the force of the limitation
pended, might eafily have been queftioned, with but little vi-
ence to the terms, and' in perfect conformity with its fpirit.
r this a renewal of the treaty of 1794 wa$ refutscd by our cab-
et, altho' proffered by the Britifh government. For this the
taty negotiated by Mtflrs. Monroe and Pinkney in 1807 was
jefted. For this in 18 11, fifty thouiand dollars were paid out of
public treafury to John Henry, for th£ obvious purpofe of en- '
ing the American cabinet to calumniate their political oppo-
ts, on this very point of Britifh influence, upon theeve of e*
ions, occurring in Maflachutetts, on the event of which thft
Vox.. II.— No. 13. DEBATXS.

iSm.

194 CONGRESSIONAL REPORTER.

perpetuation of their own power was materially dependant. Mr.
Speaker, fuch men as thefe never will permit a fiate of things to
pafs away, fo efiemial to their influence. Be it peace or war,
arrangement or boftiKty t the aflbciation of the Britifti antipathies
in the minds of the maf* of the community, with the charaflera
of their political opponents, conftitutes the grtat magaafce of
their power. This compofes their whole political leader. Itis»
like Lord Peter's brown loaf, their ** beef, mutton, veal, vcni-1
ion, partridge, plumb-pudriing.and cufiard."

From the time of the expiration of the Britifh treaty of 1794,
and the refufai to renew it,the American cabinet have been care,
fill to precede negotiation with fome circumftance or other, cal-
culated to make it fail, or at leaft to make a fuccefsful refult lefe
certain. Thus in 1806, when, from the plunder of our com-
merce,by Britilh cruifers,a negociation*notwithflanding the obvi-
ous reluctance of the cabinet, was forced upon (hem, by the
clamors of the merchants, the non-importation law of April, io
that year, was obltru&ed between the two countries. - In the
courfe of the debate upon that law, it was oppofed upon this ve»
ry ground, that it was an obftacle to a fuccessful negociation* It
was advocated, like the bill, now under dufcu ffion, as an aid to
fuccefsful negociation. It was alfo laid by the opponents of that ..
law of 1806, that G. Britain would not negociate, under its ope-
ration, and that arrangement attempted under proper aufpices,
could not be difficult ; from the known interefts and inclination
of that nation* What was .the confequence ? Precisely that
which was. anticipated. The then Pn fident of the U. States
was neceffitated to recommend a fufpenfion of that law upon the j
openly avowed ground of its being expedient to give that evi-
dence of a conciliatory difpofition really, becaufe, if permitted to ]
continue in operation, negociation was found impradicable. Af- r
ter the fufpenfion of that law, a treaty was formed. The mer-
its of that treaty , it is not within the fcope of my prefent argu-
ment to discufs* It is fufficient to fay, it was deemed good e- '
nough to receive the fantfion of MefTrs. Monroe and Pinkney.
It arrived- in America, and was 'rejcfcled by the authority of an
individual apparently becaufe of the infufficiency of the arrange-
ment ^bout imprelFment. Really, becaufe a fettlement with G* d
Britain, at that time did not " enter into the fcope of the policyPfl
of the American cabinet. The negociation was indeed Tenewed, ]
but it was followed up with the enforcement of the non-import- j
ation law,and the enactment of the Embargo. Both^which fteps ;
were dated at a time, as they proved afterwards to betof a nature
toraake hopelefs fuccefsful negociation.

In this ftate of executive power of this nation formally paft into j
Hew hands, but ftibftantially remained under the old principle
of a£Hon, and fubjVSt to the fomer influences. It was defirablc
that a fund of popularity fbould be acquired for the new admin-
iftration. Accordingly an arrangement was made with Mr. Er-

CONGRESSIONAL RfcPORTEfc. 1^

Cine, and noqudlions afked, concerning the adequacy .of hi*
owers. But left tHb circumftance fhould not defeat the propo-
se! arrangement, a £la«fe w^s inferted in the correfpondence
ontaining an infutt to the JBritifh government, offered in the
ace of the world," fuch as no man ever tfave to a private individ*
lai whom he did not mean to offend. The Pn fident of the U.
\. faid, in fo many words to the perfou at the head of that '§ov-
rnment, that he did not underftand what belonged to Hi* own
bonor, as well as it was underftood by the Prtfident himfelf.
The *ffe£t of fuch language was natural, it was neceflary ; it
:oiilcl not but render the Britifh government avtrfe to fandljnn j

irlkirie's arrangement. The tffeft was anticipated by Mr. \

Robert Smith then atting as Secretary of State. He obji 6V d <\

ts being inferted, but it was done in the Prefident's own hand
vriting. As Mr. Erfkine's authority was denLd by the Brit-
sh government, it is well known, that, in fafit, on the point of
this indignity, the fate of that arrangement turned. Can any
>ne doubt that'our cabinet meant that it fhould have this tffefcl I
I fend you word, Mr. Speaker, that I have agreed with your
faeflenger, and with you to ratify it. I think you however, nor
gentleman, notwithftandin^, and that you do not uffiterftand, as
wrell as I, wh:.« is " due to your honor/' What think you fir I
—Would you ratify fuch an arrangement if you could help it ?
Does a proffer of fettlenaent, connected with fuch language,
look like a dispofition or an indention to conciliate ? I appeal
to the common fenfe of mankind on the point.

The whole ftate of the relations induct d between this couptry
and Great Britain, in confequence of our embargo and reftiiflU
ive fyftem* was in {aft, a {landing appeal to the fears of the Brit- <

ifh cabinet. For notwithstanding thofe fyftems were equal in
their terms, fo far as they affected foreign powers, yet their op-
eration was notorioufly almoft wholly upon Great Britain. To
Field to that pressure or do any thing which fhould fofter in this
country, the idea that it was an eflfeftual weapon of hoftility,was
nothing more than conceding that (he was dependant upon us.
K conceffion, which # when once made, by her, was certain to
encourage a refort to it by us on every occafion of difficulty be-

teen the two nations. Reafbning, therefore, upon the known
h ture of things, and the plain intereft of Great Britain, it was
Vetold that, during its continuance, ihe would concede nothings
id the evenfhas juftified thefe predictions But the circum*
jnce, the mod ftriking, and that furnifhesahe mcrft conckifive '
fidenceofthe indifpofition of the American cabinet to peace
" their determination to carry on the war, is that connected
ith the pretended repeal of the French decrees, in Nov. 1810*
d the confequent revival in < 1811, of our reftriftive fyftem a*
pnftG. Britain.

(If ever a body of men wer* pledged to any thing, the Anaeri*
cabinet, its friends and fupportcrs were pledged for the trucb

196 CONGRESSIONAL RE^ ORTER.

of this fact, that the French decrees of Berlin and Milan were
definitively repealed as it refpefcls the U. ^pn the firft of Nov.
1810. If ever any body of men ftaked their \yhole ftock of rep-
utation upon any point, our cabinet.did it oii this. They anil
their partisans afferted and raved. They denounced every man as
a Britifli partizan who denied it. They declared the restrictive
fyftem was revived by the mere efilft of the proclamation. But
left the'Courts of law (bould not be as fubferviefit to their policy
as might be wifhed,they paffed the law of the 2d of March, 18 ll f
upon the bafis of this repeal, and of its being definitive* The
Britilh government refilled, however, ^ to recognize the validity
of this repeal, and denied that the Berlin and Milan decrees were jj
repealed, on the firft of Nov. 1810. as our cabinet afferted.
Thus then flood the argument between the miniftry and ourcab-
inet — The Britilh Miniftry admitted, that if che Berlin and Mi-
lan decrees were repealed, on the firft of Noy. 1810, they were
bound jto revoke their orders in council. ; But they denied
that repeal to exift. Our cabinet, on the other ltand admitted,
that if the B> rlin and Milan decrees were not repealed, on the
firft Nov. 1810, the reftriftive f>ftem ought not to have been re- ,
vive i againft G. Britain, but they asserted that repeal to e*Hh j
Thtewas virtually, the ftate of the queftion between the two
countries on this point. And it is agreed, on all bands, that this
Tefufal of the Britilh government, to repeal their orders in coun-
cil, after the exiftence of the repeal of the Berlin and Milan de-
crees as ^flerted by the American cabinet, was the caufe of the
declaration of war between the two countrn s. So that, in truth,
the queftion of the right of war* depended upon the existence of '
that fa6l ; for if that fa6l did notexift, even the American cabi- \
net did not pretend that, in th£ pofi'ion in which things then '
flood, they had a right to declare war, on account of the continu-
ance of the Britilh orders in council.

Now, what rs the truth in relation to this all important fa$* .
the definitive repeal of the Berlin and Milan decrees on the ill*
November 1810 ; the pivot upon which turned the revival of the
reftriftive fyftem and^ our declaration of war ? Why, fir, the
event has proved that in^ relation to that fa£t the Amercaji cabi-
net was, to fay the lead, in an error. Bonaparte himfelf, in a d
cre*% dated the 28th of April, 1811, but not promulgated till
year afterwards, diftin&ly declares that the Berlin and Milan de-
crees were not d< fifvitivefy repealed, as relates to the United
Skates on the 1ft Nov. 1810. He alfo declares that they are then
on thpt 28th of April? for the firft time repealed. And4ie founds
thf jfl\iing of his decree on thr aft of the American Congrefe of
the 2d of March, 1811. That very a£t, which was puffed upon
the ground of the definitive repeal of the Berlin and, Milan de-
er; * s on the 1ft Nov. 1810 ; and which, it is agreed on all fides,
the American government were bound in honor not to pais,
cept in cafe of luch antecedent repeal.

CONGRESSIONAL REPORTER. 197

* v

■ \

J" Wc re ever a body of men fo abandoned, in the hour of need
*as the Americah cabinet, in this ipftaoce, by Bonapane ? Was
ever any body of men fo cruelly wounded in the houfe of their
friend ? TJm* this "was the unkindt ft cut of all/' But how
was it lobe received by the American cabinet ? Surely, (hey
. were indignant at this treatmi '»•:. Surely the air rings with re-
proaches upon a man who has thus made thern ftake their repu-
tation upon a falfehood ; and then gives little It fs than the lie di-
refcl, to their affertions. No* fir, nothing of all this is heard fron^
our cabinet* There is a philofophic tanvnefs that would be re-
markable, if it were not, in all cafes, aff. fling Bonaparte, char-
a&eriftic. All the executive of the United States has found it
in his heart to fay, in relatipn to thislaft decree of Bonaparte,
whitih contradicts his previous allegations and aflevtratioris is
that* "This proceeding is rendered by the time and manner of
it, liable to many qbJKlions« f

1 have referred to this fubjedt #s being conne&ed with future
couduQ, ftrikingly illuftrative of the diipofition of the American
cabinet to carry on the war, and of their intention if poffible,
not to piake peace. Surely, if any nation had a claim for liberal
llbatment from another, it was the Britifh nation from the
American* after the difcovery of the error of the, American gov.
ernment, in relation \o the repeal of the Berlin and Milan de-
crees, in November 1810; In cpnftquence of that error, the
American cabinet had ruined numbers of our own citizens, wha
had been caught by theTevival of the; non-intercourfe law; they
had revived that law againft Great-Britain* under circumftances
which now appeared to have been fallacious; and they had de-
clared war againft her, on the fuppofition, that fhe had rtfufrd
to repeal her orders in council, after the French decrees were in
fa& revoked ; whereas, it now appears that they were in fa£t
not revoked. Surely the knowledge of this error was followed
by an inftant and anxious defire to redrefs the refuiting injury.
As the Britifh orders in council were in fa& revoked, on the
knowledge of the exiftence of the French decree of repeal, furely
the American cabinet at once extended the hand of friendthip ;
met the Britifh government halfway ; flopped all further irrita-
Ittion ; and ftrqve to place every thing on a bafis, beft fuited to
^promote an amicable adjuftment. tJo, fir, nothing of all this
occurred* On the contrary, the queftion of impreffments is
made the bafis of continuing the war. On this fubje£t,'a ftudied
fairntCs of proportion is preferved, accompanied with fyftematic
; perfeverance in meafures of hoftility . -An armiftice was propofed
by them. It was refufed by us. It was acceded to toy the
> American General on the frontiers. It was rejefled by the
, cabinet — No confideration of the falfe allegation on which the
war in fafl was founded ; no confideration of the critical and
extremely co»fequentialnature to both nations of the fubjeft of
mp reflment ; no corifiderations of humanity, interpefcd their

19$ CONGRESSIONAL REPORTER.

i |

influence. They renewed hoftilhies. They rufhed upon Can-;
ada. Nothing would fatisfy tliem but blood. The language qf
their conduc;! is that of the giant, in the legends of fancy—
Fee, faw, fffiv.fum,
# i" smell the blood of an Englishman,
Dead or alive* I nvill havf some !

Can fuch men pretend that peace is their objeft ? Whatever
vnav refult, the pcrfeft conviction of my mind is, that they have
no luch intention, and if it come it is contrary both to their hope
and expectation.

I would not judge these m*n feverely. But it is my duty to
endeavor to judge them truly; and to exprefs fearlessly the re-
fult of that judgment whatever it/may be. My opinion f refuhs
from the application of the well known principle of judging con*
cerning men's purpoles and motives :—To confider rather what \
, men do, than what they fay ; and to examine their deeds in con-
nexion with predominating paffions and interefts ; and on this
bafis I decide. In making an eftimatcof the intentions of thofe
or any other politicians, 1 make little or no account of pacific
pretentions. There is a general reluctance at war, and defire of ;
peace whic 1 ! pervades the great mafs of every people ; andartfcl i
rulers could never keep a nation at war any length of time* be-

Jrond their true interefts. without fome f .crifirc to that general ;
ove of peace which exifts in civilized men. Bonaparte himself
Will tell you that he is the moft pacific creature in the wo r Id.
Ht* has already declared, by his proclamation to the Frenchmen*
that he has gone to Mofcow for no other end" than to cultivate
peace and counteradt the Emperor of Ruffia's defire of war. to
this country, where the popular fentiment has fo ftrong an im-
pulfe On its affairs, the fame obtrufive pretention muft inevitably )
pe preferved- No man or fct of men ever can or will get this
country at war, or continue it long in war, without keeping on
band a flout round ftock of gulling matter. ^ Fair proportions
will always be made to go hand in hand with oflenfive acts.
And when fomething is offered so reafonable that no man can
doubt but it will be accepted, at' the fame moment fomething will
be done of a nature to embarrafs the project, and if not to defeat
at leaft to render its acceptance dubious. How this has been i^g
pad time, I have (hewn. I will now illuftrate what is doing anS
intended at ptfttnt. — i

As from the uniform tenor of the condufl of the American
cabinet, in relation to the Britilh -government, I have no belief ]
that their intention has been to make a folid arrangement with,
fbat nation ; so, from the evidence of their difpofition and in-
tention exifting abroad < and on the table, J have no belief that
fuch is at prefrnt their purpofe. I cannot poflibly think other*
wife, than that fuch is not their intention. Let us take the cafe
into common life* I have demands, Mr. Speaker, againft yon,
Very juft iq their nature, but different. Some of recent, others

CONGRESSIONAL REPORTER. 199

t>f very old date, The fbwner depending upon principles very
,clearty in. my favor. Th^ latter critical, difficult and dubious,
both in principle and Fettlement. In this ftate of things and
during yonrablence I Watch my opportunity, declare enmity/;
.throw myfelf upon your children ant^ Fervants and propqpy,
'which happen to be in my neighborhood and do them all the in-
jury I can. While I am doing this, I receive a messenger from
you, ftating that the grounds of the recent injury are fettled ; that
you comply fully with my terms. Your FervanU and children,
whom I am plundering and killing, invite me to ftay my hand
until you return ? or until Fome accommodation can take place be-
tween us« m But, deaf to any Fuch Fuggeftions, I profecute my in-
tention of injury to the utmoft. W hen there is reafoii to expeft
your return, I multiply my means of injury and offence. And
nofoonerdo I hear oF your arrival, than 1 thruft my lift into
your face, and fay to you— J 4 Welt, Fir, he^e are fair propoFitions
of fettlement — come to my terms, which are very ju ft— -Settle
the old demand in my way, and we will be as good Friends as
ever V\ Mr. Speaker, what would be your condudt on Fuch an
©ccafioh i Would you be apt to look as much at tne nature off
the propoFitions, as at the temper oF the aflailam i If you did
not at once return blow for blow, and injury for injury, would
yotj not at leaft take a little time to conFider ? Would you not
tell fuch ah affailant, that you were not to be bulliednor beaten
into any conceffion ? If you fettled at ?ll, might you not confid*
erit your duty in fome way to make him Fed the conFequences
of his ftrange intemperance of paflion ? For myfelf, 1 have no

Jueftion how a man of fpirit ought to a'fit under fuch circum-
anccs. I have as little, how a great nation, like G. Britain,
wiy a6t. Now I hive no doubt, fir, that the American cabinet
. view this (hbjeft in the fame light They underftand well, that
, by the declaration of war, the invaFion oF Canada, the refusal of
* an armiftice, and perfeverance in hoflilities, after the principal
ground of war had been removed, they have wrought the minds
of the Britifh cabinetand people to a very High ftate of irritation.
Now is the very moment to get up fome grand fcheme of pacifi-
l cation j (uch as may perfuade the Arnerican people of the in vet*
kftate love oFoyr cabinet For peace, and make them acquieFce in
Beir perFeverance in hoftilities. Accordingly, beFore the end of
rule Feffion, a great tub will be thrown out: to the whale, Proba-
bly a little while before the Spring elections, .terms of very fair
import will be proffered to Great Britain* Such as perhaps fix
> Months ago our cabinet would not have granted* had die foliciu
i cdthem on her knees. Such as probably in opinion of the peo-
[ Pie oF this country, G» Britain ought to accept ; Fuch perhaps as
in any other ftate oftblhgs, fhe would have accepted. Bbt fuch,
: *s I Fear^undcrthe irritation produced by the ftrange courFe pur.
fued by the American cabinet, that nation will not accept./ Sir,
I do noj believe that our cabinet expert that they will be accept-

ICO CONGRESSIONAL REPOTER.

ed. They think the prc&nlt (late of ihduced paffion is fufficiem
to pstvent arrangement. But to make affurance doubly fure
to take a Ijoncl of fate, that arrangement fhould not hpppen, thej
prepare this bill* A bill which propofcs an, augmentation of tl
any for the exprefs purpofe of conquering the Canadas.
Bin which connected with the recent difpofition evinced by o\
cabinet, in relation to tbofe provinces, afnd with the avowed in-
tent of making their furtigation the means of peace, through
fear to be ipfpired into G. Britain is as off nfive to the pride o\
that nation as can well be imagined ; and is, in my apprehen-
lion, as fure a guarantee of continued^vya^ as could be given.
.On thele grounds, my mind cannot force itfclf to any other con*
. clufion than this, than the avowed obji'dl of this bill is the tru<
one ; that the Canadas are to be invaded the next ftafon ; thai
the war is to be protra£kd ; and that this is the real policy
the American cabinet.

I will now reply to tbofe invitations to "union," which have
been so obtrulively urged upon us. If by this call to union is
meant an union in a projefl for thr invafion of Canada or for the
invafion of Eaft-Florida, or for the cpnqueft of any foreign coun-
try whatever, either as a means of carrying on this war or for any
other purpofe, I anfw^r diftin&ly ; I will unite with no man
nor any body of men for anyfuch purpofr s. I think fuch pro-
jects criminal in the higheft degree, and ruinous to the prosperity
of thefe dates. But, if by this invitation is meant union in pre-
paration for defence, ftndlly fo called' ; union in fortifying our
v feahoard ; union in putting our cities into a ftatr of fafety ; un-
ion ki railing fuch a military ibrce as fhall be fufficient with the
''<■ local militia in the hand of the conftitutional leaders, the ex^cu-
tives of the ftates to give a rat'^nal degree of fecurity againft any
invafion ; fufficient to defend bur frontiers, fufficient to awe
into filence the Indian ; tribes within our territories? union,,
in creating fuch a maritime force as ihall command the feas on 1
the American coafts, and keep open tire intercourfe at leaft
between the ftaUs/ if this is meant, I have no hefitation ;
union on fuch principles vou ihall have from me cordially and •
faithfully. And this too, iir, without any reference to the ftate ;
of my opinion, in relation to the juftice or neeeffity of this w«uy^
Becaule I well underftand fuch to be the condition of man ii^|
focial compact, that he mud partake of the fate of the fociety to
which he belongs, and rnuft fubmit to the privations and facri-
fices its defence requires, notwithftanding thefe may be the re-
fult of the vices or crimes of its immediate rulers* But there is
a great difference between fupporting fuch rulers in plans of ne-
ceflary felf-dv -fence, on which the fafety of our altars and fire
\ \ fides effentially depends^and fupporting them -in proje&s of for-

' eign invafion, and encouraging them in fchemes of conqueft and

* ambition which are not only unjuft in themfelves, but dreadful

!■> \n their conferences ; inafmuchas, let the particular projedk

CONGRESSIONAL REPORTER.

201

refult as it may, the general -efil 61 muft be, according to human
view, deftruttive to our own domeftic liberties and conftitution.
I fpeak as an individual, fir, for my tingle iilf, did I fugport iuch
projtds, as are avowed to be the objects of thi& bill I fhouid
deem myielf a traitor to my country. Were I even to aiKl them
by loan or any. other way, I fhouid coiriklcr myfelf a paYtaker in
the guilt of the purpofc. Qut when thele projects of invi (ion
ihall be abandoned ; when men yield up fchemes which not enly
openly contemplate the raifing of a great military force, but ilfo
the concentrating them at one point and placing tliem in one
hand ; fcherrus obvioufly ruinous to the fates of a free rcpubic;
as they compreht nd the means by which fuch have ever here-
tofore been deftroyed ; when I fay fuch fchemes ihall *fe abin-
doned, and the wiihes of the cabinet limited to mere defence aid
frontier and maritime protection, there will be no nctd of rails
to union. For fuch objects there is not, there cannot be but die
heart and one soul in tbis people. ?

I know,^lr. Speaker that while I utter these things a thousand
tongues and a thousand pens are preparing without doors to ove-
whelm me if possible by their pestiferious goal — Already I h^r
in the air the sound of the " traitor*' — *<• British agenV 9 — *« B
iehgold" — and all those changes of vulgar calumny, by which
imaginations of the mass of men are affected, and by which th
are prevented from listening to what is true and receiving w
is reasonable. . j

Mr, Speaker, it well becomes any man standing in the present
of such a nation as this/ to speak of himself seldom, and such
man as I am, it becomes to speak of himself not at all; except i
deed when the relations in which he stands to his country are li
tie known and when the assertion of those relations Has some co
flexion* and may have some influence op interests which it is p
culiarly incumbent upon him to support. x

Under this sanction I say, it is for a man whose ancestors ha\
been planted in this country now for almost two centuries; it
not for a man who has a family, and friends, and character, a
children, and a deep staHe in the sail $ it is not for a man who
self-conscious of being rooted in that soil as deeply and as exel
sively as the oak which shoots among its rocks ; it is not for sue
a man to hesitate or swerve a hair's breadth from his country*
purpose and true interests, because of the yelpings, the howling
and snarling of that hungry pack which corrupt men keep direetl
or indirectly in pay, with the view of hunting down every ma
who dare de vol ope their purposes ; a pack composed it is true o
tome native curs, but for the most part of hounds and spaniels o
very reeent importation, whose backs are scarred by the lash, an
whose necks are sore with the collar of their former masters. 1
fulfilling his duty, the lover of his country must be obliged to
breast the shock of calumny. If called to that serviee he will
meet the exigency with the same firmness as should another occa-

(Sb

802 CONGRESSIONAL REPORTER.

sion call, ha would breast the shock of battle. No, sir, I am not
to be deterred by pueh apprehensions, May heaven so deal with
j»e |Hid*pune, as I am true or faithless to the best interests of
$W& people ! May it deal with me according to its judgments when
I ain |p bring men and measures to the bar of public opinion, and
to'eppose projects and systems of policy which I realize to bo ru- '
piois to the peace, prosperity and liberty of my country !

Tfhis leads me naturally to the third and last point of view at
Trhjch I proposed to consider the bill as a means>for the advance
meit of the object of the personal or local ambition of the member*
qf \he timerican cabinet. With respect to the members of thatt
cabinet, I may almost literally say I know nothing of them ex-
cejt as public men. Against them I have no personal animosity.
I tnow little of them in private life and that little never made me
aiibitious to know more. I look at them as public men wielding
{Hirers and putting in operation means and instruments, materi-
als affecting the interests and prospects of the United States.

It is a curious fact, but no less true than curious that for these
trelve years past the whole affairs of this country, have been
laaaged aud its fortune reversed under the influence of a cabinet
jttle If ss than despotic* composed, to all efficient purposes, of
i/oo Virginians and a foreigner* When I speak of these men at
Virginians, I mean to cast no odium upon that state, as though it
Kere not entitled to its full share of influence in the national cown-
iJs ; nor when I refer to onp of them as being a foreigner do I
.intend thereby to suggest ayy counexions of a nature unworthy or
iuspicious. I refer to these circumstances as general and undoubt-
ed facts which belong to the characters of the cabinet and whietl
.cannot fail to be taken into view in all estimates of plans and pre-
fects* so taps as man is constjltuted as he is and so long as the
prejudices and principles of childhood never fail to influence ia
different degrees, in even the best men, the course of thinking
and notion of their riper years.

1 might have said perhaps with strict propriety, that it was a
cabinet composed of three Virginians and a foreigner ; because
one© w the course of the twelve years, there has been a change of
one of the characters.' But, sir, that change avus notoriously
matter of form rather than substance. As it respects the cabinet
the principles continued the same | the interest the same ; th)ob~
jeets at which it aimed, the same.

I said that this cabinet had been during those twelve years littla
less than despotic. This fact also is notorious. During this
whole period the measures distinctly recommended have been a-
dopted by the two Houses of Congress : with as much uniformity
and with as little modification, too, as the measures of the British
ministry have been adopted during the same period by the Dritisk
parliament. The connexion between cabinet councils and parlia-
mentary acts is just as intimate ia 'the oue country as in the
other.

CONGRESSIONAL RElPOfcTER. 203

I said that these three men constituted to all efficient purposes
the whole cabinet. This, also is notorious. It is true that during
this period other individuals have been called into the cabinet.
But they were alLof them comparatively minor men, such as had
no great weight' either of personal talents or of personal influ-
ence to support them. They were kept as instruments <rf the
masterspirits. Ami when they failed to answer the purpose er
became restive, they, were sacrificed v or provided for. The
shades were made to play upon 'the curtain. They entered—
, They bowed to the audience* They did what'thcy were bidden.
.They said what was set down for them. When those who pulled
the wires saw fit, they passed away. No man knew why they
entered. No man knew why they departed. No man could tell
whence they came. No man asked whither they were gone.

tVom this uniform composition. of the cabinet, it is obvious
that the project of the master spirits was that of essential influence
within the cabinet. For in such a country as ours, so extended,
and its interests so complicated, it is impossible hut these who
would conduct its affairs wisely, and with a single eye to the
public good, should strive to call around themselves the highest
and most independent talents in the nation, at least of their own
political friends. When this is not the case, it must be apparent ^
that the leading influences want not associates, but instruments.
The same principle applies to the distribution of office out of the/
cabinet, as to filling places within it. Some mistakes may be ex-
pected to happen in selections among candidates fqr appointment*
at adistance ; but if at any time a cabinet shall be systematically
guided in such selection by a regard not to merit or qualifications,
out to electioneering services; if the obvious design be to reward
partizans and encourage defection to its party standard, then tbfi
people may rest assured that the project such cabinet has in view
it not to serve tlie public interest, but to secure to their personal
\ influence; and that they want not competency for the employ-
ment, but subserviency in it. How this matter I shall Dot assert;
} not because I have not very distinct opinions upon the subject,
but because the sphere of appointment is too extensive to be com-
prehended in the grasp of a single individual ; and I mean to make
L. no assertion concerning motive or conduct, of which there does
Knot exisr in my mind evidence as well complete as conclusive. .
* I refer to this subject, therefore, ojaly as a collateral and corrobo-
rative proof of the purposes of the cabinet. Every man ean de-
cide for himself, in bis own circle or neighborhoad, concerning the
apparent principles upon which the cabinet have proceeded in
I makiag appointments ; remembering, always, the section of coub-
I try against -whose prosperity the policy of the cabinet is most
i systematically levelled, will be that in which subserviency to all
its purposes will be most studiously inculcated among its adher-
f ents f it will be in that quarter that the flames of party animosity
will be enkindled with the most pedulous assiduity f as a measure

£04 CONGRESSIONAL REPORTER.

of making men forgetful of their interests and obedient to their
employers, in spite of their natural prejudices and inclinations.

It is n tural to enquire what are the projects connected with a
cabinet, thus composed, and to what ends.it is advancing. To an-
swer this question, it is necessary to look into the nature and re-
lations of ihings. Here the two critcrions of judgment are to be
found — Professions are always plausible. Why, sir, Bonaparte
himself Is the very milk of human kindness ; he is the greatest
lover of his speeies in the world; he would not hurt a sparrow — if
you take Lis own aecoynt of the matter. What, then, do the na-
ture and the relations of things teaeh ? They teach this : that
the great hazard in a government where the chief magistracy is
elective, is from the local ambition of, states and the personal am-
bition of individuals. It is no reflection upon any state to say
that it is ambitious. According to their opportunities aoo
temptations, all states are ambitions— this vanity is as much pre-
dieable of states, as of individuals. Indeed, state ambition has
its rout in the same passions of human nature, and derives its
strength from the same, nutriment as personal ambition. All his-
tory shows that sueh passions always' exist among states,
combined in confederacies. To deny it, is to deceive ourselves :
it has existed, it does exist, and always must exist. In our polit-
ical relations, as in our personal, we then walk most safely when
we walk with reference to the actual existence of things $ admit
the weakness, and do not hide from ourselves the dangers of
whieh oar nature is exposed. Whatever Js true, let us confess.
Nations, as well a$ individuals, are only safe in proportion as they
attain sc1f-knowUdge 9 and regulate their conduct by it.

What fact, upon this point, does our own experience present ?
It presents this striking one — that, taking the years for whieh
the presidential chair is already filled, into the account, out of
twenty-eight years sinee our constitution was estab lished, the single
state of Virginia has furnished the President for twenty feur
ye&rs. And farther, it is now as distinctly known, and familiarly
talked about in this city and vicinity, who is the destined succes-
sor of the present President, after the expiration of his ensuing
term, and known, too, that he is to be a Virginian, as it was known
and familiarly talked about during the presidency of Mr. Jeffer-
son, that the present President was to be his successor. And the
former was, and the latter is t a subject of as much notoriety, and
to human appearance, of as much certainty, too, as who will be
the successor to the Brit «sh crown is a matter of notoriety in that
country. To secure this succession and keep in the destined line,
has been, is, and will continue to be the main object of the policy
of those men. This is the point on which the projects of the cab-
inet, for the three years past, have been brought to bear — that
James the first should be made to continue for four years longer.
And this is the point on which the projects of the cabinet will be
brought to bear for the three years to coijie— -that James the sec-

CONGRESSIONAL REPORTER. 205

end shall be made te succeed, accordiog to the fundamental re-*
script* of the Monticfellian dynasty. *

[Mr. Quincy was here again called to order. The Speaker said
that, really the gentle men laid his premises so remote from his
conclusions, that he couM not see how his observations applied to
the bill.]

Mr. Quiney proceeded. On the centaury, sir, I maintain, that
both ray premises and conclusions are very proximate to each other:
and intimately connected with the bill on the table, and with the
welfare of this people. j

It is not within the scope of just debate to show that the gen*
eral policy of (he cabinet, and that also this particular project,
have for their object the aggrandisement of the cabinet them-
selves, or some members of it ? If this he the object of the bill,
is it not proper to be exhibited I The topic may be of a nature
high and critical, but no man can deny that it is both important
and relevant. To secure the power they at present possess- — to
perpetuate it in their own hands — and to transfer it to their se-
lected favorites, is the great project of the policy of the members
of our cabinet. Ijt would be eapy to trace to .this master passion
the declaration of war, at the time and under the circumstances
in which it oocured. Antecedent to the declaration of war, it was
distinctly stated, by individuals from that quarter of the country
under the influence of which this war was adopted, that the sup-
port of the present President of the United States, by their quar-*
ter of the country depended upon the faet of the cabinet's earning
lip to the point of war with Great Britain. This state of things,
and the knowledge of it by the members of the cabinet, was re-
peatedly urged in conversation by members of this and the. other
bj*aneh of the legislature, to shake the credulity in a declaration
of war which at that time existed in some of our minds. Without
placing any reliance on the reports of that day, this I assert, un-
equivocally and without fear of contradiction, that sueh were the
passions whieh existed in the southern and western states, and
inch the avowed determination to war, that had not the cabinet
come up to that point, its influence in those quarters was at an
end — without their support the re-election of the present Chief
Magistrate was hopeless. Now, sir, when continuance of power
is put into the scale-— as in this instance it was, unquestionably — -»
It was not for human nature to deny that it had rot a material in-
fluence in determining the balance. For myself, I have never had
but one opinion on this matter ; I have never doubted that we
should not have had war declared at the last session, if the presi-
dential election had not been pending.

Juft fo, with respect to the invasion of Canada. It was, in
my judgment, a test, rt quired by the state of opinions in the
southern and weftern ftates, of the fincerity of the cabinet ; and
of its heartinefs, in the profecution of this war. This accounts
for the ftrange and headlong haste, and the want of fufficient

2dS

CONGRESSIONAL REPORTER.

preparation, with which the invasion Was expedited. T his ac-
counts for tile neglect to meet the propofition for an armiftie£ r
when madtn by the Governor of Canada, after a knowledge of
the revocation of the orders in council. This, accounts, for
the obstrusrve attempts to gain a footing in Canada, and the cb*
ftinate perf-vt ranee in thefhow of invalion, until the members
of the electoral college s4ad been definitely felected. Since
which event, our armiv-s jlave been quiet enough. When I fee*
a direct dep< ndance between the perpetuation of power, in any
hand, and the adoption of, and the perfeverance in any particu-
lar courfc of meafures, 1 cannot refrain from believing that fuch
a courfe has been fuggefted ami regulated, by fo obvious and
weighty arc interest. This fubject is capable of much greater
elucidation. Bnt according to your futfgeftion, fir, I fhall con-
fine myfelf, to trace the connection of this' mailer paflion of the
cabinet with the bill now under confidefation.

The projects of the cauinet, for the prefent year, are loanst
to the amoirnt at kaft of twenty millions ; an army of fifty-five
ttaoufand men $ a grand fcherne of pacification, fotrnded on fome
legislative &cts, or rrfolves ; and a perpetuation of the war.
The loans'a^c expected to be filled, partly from the popularity,
derived in the commercial citks* by the vote for building feven-
ty -fours ; parity by opening offices for receiving fubfefiptions in
the interior. Whatever isreceived will be converted to the ar-
my ftrvice. The grand fcherne of pacification will be made to
appear very feir,j]a terms, t>at, in the iftate of irritation, which
has been prodtit?59? in Great Britain, by the continuance of the
war after the repeal of the orders in council and by the pertina-
cious perfeverance in the threats and preparation to invade
Canada, will it is expected, be rejected by her. This, it is fop-
posed will give popularity to the war* in this country* The
forty dpllarsbounity will, it is ho^ed, fill the ranks. The army
for the conq rest of Canada will be raised— To be commanded
by whom ? ; — This is the critical? question. The answer is in
every man's mouth. By a member of the Afnerican cabinet ;
by one of three- -by one of that '* trio"— who at this momenU
constitute the in hoie cabinet. And the man who is thus inten-
ded for the command of tfrc great ft armyjhis new world ever
contained ; an army* nearly twice as great as was, at any time,
the regular army of our revolution ; I say the man who is inten-
ded for this great truft /is the individual s vjhois notoriously, the
selected candidate for the next Presidency ! <

Mr. Speaker, wh^n I afiert that the prcfent f cretary of (late,
who is now the frcretary of war. is d ftined, by a cabinet, of
%\4iich,hei hi mf If, constitutes one third, for the command of
this army, I, know thai I assert intentions to ex ill, which have
not yet developed themselves, by an official avowal. The truth
is, the moment for an official avowal, has not yet come. The
cabinet must work along, by degrees, and only (hew their cards

• <

CONGRESSIONAL REPORTER. 207

as they piay them. The a*ro y jmust be authorifed. The bill
for the new major.generals rfjuft be pafled. Then, upon'
their plan it will be found neceffary toconftitute a Lieutenant-
General* " And who fo proper,*' the cabinet will cxdaim, 4 *a»
one of ourfelves ?*' ifc Andwho fo proper as one of the cabinet ?*
all its retainers would refpondfrom one end of the country to
the other. I would, willingly, have poftponed any aniirtadver-
fions upon this intentiop of the Cabinet, until it fhould have
been avowed. But, then it would have been too late. Then,
the 55,000 men, would have been authorised, and -tlte nf ceffity
for a lieutenant general, inevitable,— Sir, I know very wdll, that

; this public ani mad verfion may, pofGbly, ftagger the cabinet, in
its purpot . Th^y may not like to proceed in this defigh, after
the public eye has been directed diftinfiMy upon it. And the
exiftence ot it will be denied, and its partizafls will assort that
this fuggeftion was mere iurmiie. Beitfo. It is, compara-
tively, of little importance, what happens to my perfon, or char-
acter, provided this great evil can be averted from my country,
I conficler the raifmg fuehan army as this, and the putting it un*
der the command of that individual, taking into view kis # con-

' ne& ion with the prtfent cabinet, fo ominous to the liberties of
this country , that I am not anxious what happens to rat* if, by
any conftitutional refponfibility. I can prevent it.

However, to tbe end that it may not be thought I have made
this assertion lightly-, I Will, briefly, stsftc the evideftot, upon
which it is founded, and which to my mind has given perfect sat- .
isfaction of the intentions of the cabinet.

First. As long ago as last June, it was to my knowledge, as-
serted by individuals, connected with the administration, in this
and tbe other branch of the legislature, that it was the intention
of the American cabinet to place the secretary of state at the
bead of the army. —

Second. This intention was, early in the present session, dis-
tinctly, avowed by members, in this and the other braach of the

i -cabinet. , And these members, were intimate with the cabinet,
and cenneeted with them in polities ; and; of ail men, the" most
likely to fcnow their, intention*^ this can be proved, if denied*

l But it will not be. I do not believe there is a man on this floor..

pwbo is not acquainted with the fact, as well myself.

r Third. As soon as the session opened, the old secretary at
war was hunted down.

Fourth. The burden of the whole department of war is, now,
transferred to the shoulders of the Secretary of state. This

( great and oppressive trust, which, at the last session, it was seri-
ously urged, no single, living wight could besflr, but that it requir-

' ed three persons to support its pressafe, is, riow, cast solely, upon

i this individual, who it seems, is able to uphold the mighty mourf-
tain of that department, in one hattf, whita h* balance* the de-
partment of state in t&* oth«v #

208 CONGRESSIONAL REPORTER. \

Fifth. The secretary of state lias not merely entered into a
still life possession of the departmfent of war. He is actively em-
ployed in arranging its details, and putting it into a state of pre-
paration. This work of drudgery, it can hardly he expected, that
any man would undertake, for the sake of an unknown successor
unless be had. himself, some prospect of interest in it.

Sixth. The secretary of state is no sooner in possession of the
department of war, than the plan of a great army, an efficient pe-
cuniary bounty, and a brilliant campaign against Canada, is pro-
mulgvfted. Of all which, he is the known author ; having com-
municated to the committee on military affairs, the whole project
not only in general, but in its details. Above all, that no doubt
concerning the ultimate purpose, may exist.

Seventh. Immediately after the secretary of state enters upon
the dutit* of the secretary at war, he puts to adjutant generel
Cashing (his question : — " How many major-generals and briga-
diers are necessary for an army of thirty-five thousand men V J
Now, as 4|iis question was put by authority, and wAs intended to
be communicated to congress, and was in its nature very simple,
one would have supposed, that it would have been enough, in all
conscience to have given tp it, a direct answer; Besides, it is not
always thought proper ibr those who are the undergrades of de-
partments^ when one question is proposed, to enter hito the discus-
sion of another. However, notwithstanding these obvious sug-
gestions, oie half of the whole reply of general Cushing is taken
up in investigating, not the question, which was asked, but the
question oil which the honest adjutant, in the simplicity of his
soul, tells tV seeretary, " You hate not required my opinion"
The whole of this part of the letter runs thus : —

" In this country we have never had a. grade between the com-
mander in chief and that of m$jor-general ; hence it was found
necessary, in the " continental army," to give the senior major-
general the eonunand of the right wing, and to the next in rank,
that of the left : which, from the limited number of general offi-
cers, oftep left a division to a brigadier, a brigade to a colonel,
and a rpgimeiit to a subordinate field officer : but in Europe this
difficulty is oJyviatefihj the appointmeut of general officers of higher
grades.

" From the best information I have been ableio obtain on this
subject, I have no hesitation in *aying* that eight major-generals,
< and sixteen brigadiers, to command the divisions and brigades of
an army of thirty-five thousand men, is the lowest estimate which
the uniform practice of France, Russia and England, will warrant
and that this is nWh below the proportion of officers of these
grades actually employed in the army of the revolution.

" As you have not required my opinion, whethen it be necessa-
ry to have a higher grade, than that of major-general, I have not
deemed it proper to touch upcpi this subjoct, and have confined
myself to the number .of major-generals and brigadiers, deemed

, CONGRESSIONAL REPORTER. 209

- r •

necessary to command the diviljons and brigades of an army of
thirty-five thoufand men. Jt way not however, be improper
to remark, that if is intended to have no higher grade >than that
of Major General, thejr number fhould be increafed to eleven ;
fo as to give for the chief command, one for each wing, and
one for each divifion of four thoufand men."

bus entertaining to fee, how much trouble the worthy adju-
tanr takes to irai&refs upon the mind, that the Secretary of State
44 has not required his opinion ," on the Iqbject of a grade higher
than that of a major-general. H? even goes fo far as to fay, that
" he has not deemed it neceffary to touch on this fubject**'
* ' Now, fir t I think he has touched the fubject, and treated it
pretty thoroughly too. He has (hewn, not only that it is '* dif-
ficult" to do without, but that it is more economical to have a
grade higher than a major general. And this too, in an army of
only thirty five thoufand men. But when this bill paffeS, the
army will confift of fifty five thoufand. Therefplt is then in-
evitable, you muft have, in fuch cafe, a grade higher than a
major general ; in other words a lieutenant general. Sach»it
cannot be denied, is the intention of the cabinet. As lijtle pan
it be denied, that th$ Secretary of State, the acting Secretary- of
War, is the cabinet candidate for that office. So it has been dif-
tinctly avowed, by the friends and confidants of that cabinet.
And fuch, I have no question, but what it is known, by every
individual in this Houfe.

Mr. Speaker, what an aftonifhlng and alarming ftate of things
is this ? Thefe men, who eflScienly, have had the command of
the nation, for many years, have lb managed its concerns, as to
reduce it from an unexampled height of profperity to a ftate of
great depreflion-r-not to fay ruin. They have annihilated its
commerce, involved it in war. And now the refult of the whole
Matter is, that they are about to raife an army of 55,000 men,in-
veft one of their own body with its moll folemn command, and
he, the man who is the deftined candidate for the prefident'^
chair ! What a grafp at power is this ! What is there In h ijo-^
ry ejiual to it ? Can any man doubt what will be therefuk of
this project ? No man can be believe that the conqueft of Can-
^ ada will be effected in one campaign. It coft .the Britifh fix
years to acquire it, jvhen it was far weaker than at prcfent. It
cannot be Jigped that we can acquire it under three or four years.
Arid what then, will be the fituation of this army and our coun-
try ? Why, then, the army will be veteran ? and the leader, a
candidate for the prefidency ! And, whoever is a candidate for
[ the prefidency, with an army of 80,000 veterans at his heels,
[ will not be likely to be troubled with rivals, or to concern him-
felf about votes. Aptefident elected under fuch aufpices, may
be nominally a prefident for years ; but really if he pleafes* a
prefident for life.

Vol. II.—- Ne. 14. \ jdebatbs.

210 CONGRESSIONAL REPORTER. .

i f

I know that all this will feem wild and fantaftical to very ma.
ny> perhaps to dll who hear me. To my mind it is neither one
nor the other. Hiflory is full of events lefs probable, and t ffe&-
ed by armies far inferior to that which is propofed to be railed.
So farfrom deeming it mere fancy, that I confider it abfolutely
certain if this army be once raifed, organized and enter upon a
fticcefsful career of eonqueft. The refuit offuch power as &is,
entrusted fo a fingle individual in the prefent ftate of parties and
piaflions in this country, no man can anticipate. There is no
Other means of abfolute fafety but denying it altogether.

I cannot forget, Mr. Speaker, that the fphere in which this
gf&tarmy is deflined to operate, is in the neighborhood of that
fection of the country, where it is probable, in cafe the prefent
deftructive meafures be continued in operation, the moft unan-
imous oppofition will cxifttoa perpetuation of power }n the
prefent hand ; to transfer it to itsdeftined fucctflbr. I cannot
forget that it has been diftin&ly avowed, by a. member on this
floor, a gentlemen from Virginia too, (Mr. Clay) and one very
likely to know the views of the cabinet, that " one object of this
army was to put down opposition"

Sir the greatnets of this projefel overwhelms my mind. I
know very well to what obloquy I expofe myfelf by this devel-
opement* I know that it is always an unpardonable fin, to pull
the veil froM the party deities of the day ; and that it is of a na-
ture not to be forgiyen, either by them or , their worthippei s.
I have not willingly, nor without long reflection, taken upon my
felf this refponfibility. But it has bepn enforced upon me, by
an imperious fenfe of duty. If the people of the northern and
eaftern ftates are deftined to be hewers of wood atid draVers of
water, to men who know nothing about their interefts, and care
nothing about them, lam clear of the gre/at tranfgreffion. If in
commoa with their countrymen, my children are deftined to bo
flaves, and to yoke in with neferoes, chained to the car of a
ibuthern mailer, they at leaft fhall have this fweet confeiousnefs
as the confutation of their condition— they fhall be able to fay —
• 4 Our Father was guiltless of these chains." '

» Mr. ARCHER faid fo great was the refpect which he, felt for
the Boule, ftTdeep was the confeioufneis w hich be entertained in
his inability todo'jtffticetoa caufe, effkeiaily one of fo much
magnitude and importance, of which he might be the advocate,
that he would be doing injuftic/ to his feelings were he nottoex-
prefs the weight of the embarraffmtnts which oppreilVd him.
But the wide range which the prefent difcuffion had taken, in-
volving confiderations of great national intereft, and calling forth
the cruel afperities of political intolerance, ieemed to leave him
no alternative in the difcharge of his duty, but to repel the un*
founded Infinuations whichyhad flown in fo copious a flream
from the other fide of the Houfe. Were gentlemen to confine j

', '

CONGRESSIONAL REPORTER. 211

themfelvfes to a temperate inveftigation of the propriety of adopt-

\ ing m^afures either recommended by the executive* or propofed
by the majority, who is there that would not lifteh with pleafure
and fatisfadtion ? But when the liberty of debate was Tproftituted

; in diffeminating the moft unfounded changes, in the indifcrimin-
ate abufe of the conftituted authorities of the nation, he could not
** always be a hearer and never reply . The few obiervations
he had to make would be without either fyftem or arrangement,

- having beftowed no previous confideration on tfie fubject* and
fhould be confined not fo * much to the bill for raifing an ad*
ditional army, as to the remarks and arguments of tbofe gentle-
men who had preceded him on the other fide of the Houfe. -

And here (he faid) he hoped tp be permitted firft to notice
the charge which had been confidently made by a gentleman »
from New- York (Mr. Gold) againft the majority of the Houfe. 4
He had afferted (and he feemed to dwell upon theaffertion with
peculiar faAsfa&ion) that war had been declared by Congrds
prematurely and withtiut a due preparation : that to embark in a
war with a powerful nation, without alarge Handing army was im-
politic in the extreme. This principle (laid Mr. A.) in the gen-
eral might be true, but it had certainly no applicability to this
country. Our government was founded on the broad basis of
popular opinion, liable to fluctuation upon the firft appearance of
any lyftem which might be calculated to deftroy the liberties of
the people. A laudable jealousy of their rulers throbbed in the
heart of every man in the country, who would fuze the firft op-
portunity to change an adminiftration that would raife a (landing
army in time of peace, whatever might be the profefled objedl of
fuch adminiftration. From this jealoufy the natural refult would
be, that the men who raifed the army would never declare the
war which it was intended to wage. He would refer to the ad-

• tniniftration of Mr- Adams. An army had been then raifed or
attempted to be raifed,to defend the country againft an anticipated
French invalio». The professed object was difbelieved, and the
people apprehending an invafion of their rights, removed front
power the men who had voted for the army. AH our inftitutions
were repugnant to a Handing army in time of peace. Anticipa-

■ ted invafion would feldomj u fti fy it, becaufe it might be made a
pretext for the purpofe at all times, and with the moft dangerons
views. What had bsen faid by the gentleman 1from Maffachu-
fetts (Mr. Quincy) feemed to confirm this pofition, for he had
cxpreffed his fears of the army,even in a ftate of declared war,

I when that army was to be employed out of the limits of the

! country ; and if a jealoufy exifted at fuch time, the conclufion
would naturally follow, that it would exift to a greater degree in
a time 6f peace. The argument then of the gentleman, if it prp-

1 ved any thing, proved too much,feccaufe itseffeft wouki always
be tofruftrate the views of the government and prevent it from
going to war to avenge even the grcfleft infult, or to aflert even

212

CONGRESSIONAL REPORTER.

•\

its moft indifputable rights. But an appeal had been made with,
much confidence to the hiftory of all Europe to beer him out in
the charge he had made, qnd it had been faid, that^n inilance of
a nation's engaging in a war without having a well regulated and
difciplined army could not be adduced. This (fit'id JVfr.A.) will
be admitted, but he prefuni^d it was incumbent upon the gen-
tleman to fht vv that fome analogy exifted between the govern-
ment of Europe arjid that (5f the U. States, before his argument
could have any application to the fubjefl. There the people
had no voice in the fek a £lion of their rulers. There the arbitra-
ry will of the monarch was the law of the land, ami his decrees,
however oppre (five or obnoxious, were enforced by the hand of 1
power without a murmur or cpmplaint. There each govern- j
ment is furrounded by Kingdoms powerful and ftrong, the am- j
bit ion of whole nilers prompts them to feize upon every dccafinfi
to enlarge the boundaries of their dominions. For one of t'htfc
powers, evi n iij the moft peaceful condition of the wgrld, to be
deftitute of a powerful and permanent military force, would e-
. vince an inattention to its own fecurity and independence, which
would demonffrate the incapacity of its monarch to govern his
subje&s, or to prekrve the integrity of his possessions. But the
diflimilarity of the government and lituation of the United States
would (how the inapplicability of the gentkniar^s maxim to this
country- Here we are frappily removed by a 'wide extended o-
cean from thofe nations, who, upon a declaration of war by us,
could overrun the country with a military force, or endanger its
civil inftitutions. Here we have a people proudly jealou? of
their liberties, whp will put down co'nftitutionally every attempt'
in a ftate of peace to raife a military eftablilhment. To have de-
layed then the declaration of war again ft England, until the
ranksof the army authorifed to be raifed had fcx eircompletely fil-
led, would have been a moft certain courfe to have defeated the
object which Congrefs had ia view. The jealoulies and fear*
which would have been the necessary confequence of fueh delay
would have broughrinto power men offar different vi<ws : men
who, if the natural conclufion to be drawn from the arguments
of fome of them could be admitted, would fooner fubmit to all
the indignities we had received from G. Britain, than refill her.
The war was thert fore not declared prematurely % bub was delay-
ed to as latea period as^ the nature of our inftitutions would per-
mit. And if what he had find would not be fufficient to fatisfy
the gentleman from New York of his error ; the army that was
fo Shamefully furrendered at Detroit, if it had been commanded
by a man offpirit and fidelity, would long before this, by the
pofTiffion which it would have given us of an important province
of the enemy, hare convinced him that war was not declared
without preparation. But for having faid so much upon this
point, fome apology feemed tAe necessary upon this part, and
he could only fay that he hadoeen induced to do fo, becaufe hav-

CONGRESSIONAL REPORTER 213

ing been one of the majority who voted for war agafnft England f
the^ charge feeme.d to be an imputation againft his charafter,
which the duty every man owed to himfelf bound him tb repel.
It had been faid by a gentleman from Connecticut (Mr. Pit-
kin J that the nature of the war had been changed, thp prinicpal
caufc had been removed by the Britifh order in council of June.
23d, 1812, by which her previous orders were repealed ; that
it was a well afcertained fa£t that war would not have taken place
if this intelligence had reached the U. S. before its declaration ;
and that the Executive ought to have acceded to the. term s* pro-
poled through admiral Warren and have terminated the<;onteft.
fhefe were grounds which demanded fome confideration,and he
truftecl that he would be able to (hew from authentic documents
that his premifes were erroneous, and that of courfe his conclu-
fions did not follow. But he would now admit for the fake of
argument (what he fhould hereafter prove incorre6V) that the
orders in <coundl were the principal caufe of the war, he could
not, for himfelf ite how even then, the war ought in juftice to
have terminated. Did it follow that minor confrlerations lhould
be placed out of view or yielded up entirely? \Vouklit have
been proper for the government to have entered into no ftipula-
tions for the fecurity of American feamen ? Would it have been
proper, in them, to have claimed on^behalf of our citizens noin-
demnityTor the vaft amount of fppliations which have been made
on the property of American merchants ? Upqueftionably not.
Until these confiderations, admitting them to be of minor im-
portance, thould have been Hit isfa£torily adjufted, to have made
a peace, in his opinion, would have been the height of impolicy.
Sir, (faid he) it is not fufficient that the injury fhould ceafe, but
that ample compenfation fhould be made for the commiffion of
the wrong. This was the cafe every day between individuals
in civil fociety x and why ought not the rule to apply with equal
force to ftates in their relation to each other ? Juftice was its
foundation, and that would operate upon the one as well as the
other. Thefe confiderations alone perhaps ought to be deemed
fufficient to fhew that the courfe the gentlemen would have tak-
eA would have been unwife. But fuppofing them to have no
weight* he thought it might be fatisfailorily Ihewn that to have
acceded to the terms propofed by the Britifh govt, would have
been an a&ual abandonment of the principal caufe which hacl in-
duced hoftilities. To have ncgociated without entering into an-
arrangement in relation to the important intereft of impreffment
would unqueftionably have been a relincfuifhment of the right
which we claimed to be exetopted from its exercife. But it was
faid that was a fecondary confideration. From whence #as this
cpnclufion drawn ? Were we more regardful of the property
than the perfona! liberty of the citizen ? Was it taken from an
impreffion which had gone abroad in the country ? Or from the
unofficial conversation of menders of the Houfe ? Thefe opin-

214

CONGRESSIONAL REPORTER.

ions (if tke expreflion were allowed) he would call extra-judi*
rial, and entitled to no confideration. But to (hew that imprelF-
ment was the principal caufe, he would refort to the be ft evid-
ence of which the cafe was fusceptible. He would appeal to
the archives and records of the country which, in his opinion,
would be conciufive to (hew what the opinions of Congrefe were
upon that fubjeft. And in the firft place would call the atten-
tion of the Houfe to the report of the committee to whom our
foreign affairs were entrufted, which was made . on the 29ih of
Nov. 1811. After commenting on the operation of the orders
in council, they fay, •* that they are not of the fc6l whofe wor-
lhip is at the fhrine of a calculating avarice, and while they are
laying before the Houfe thejuft complaints of our merchants a-

S;ainft the plunder of their lhips and cargoes, they cannot refrain
rom prefentingtQthejuftice and humanity of their country the
unhappy cafe of our imprefTed feamen. Although the groaps of
thefe victims of barbarity for the lofs of (what would be dearer
to Americans than life) their liberty ; although the cries of their
wives and children in the privation of protestors and parents,
have of late been drowned in the louder clamors at the lefs of
property ; yet is the practice of forcing our mariners injo the,
. Britifh navy in violation of the rights of our flag carried on with
unabated rigor and feverity. If it Jbe our duty to encourage the
fair and legitimate commerce of this country by protecting the
property of the merchant ; then, indeed, by as much as life and
liberty are more eftimahle than (hips and goods, fo much more
impreffive is the duty to fhield the perfons of our feamen, whofe
liard and honeft fervices are employed, equally with thofe of the
merchants, in advancing under the mantle of its laws the inter-
cfts of their country.' Again the lame committee in the report
which they made to the Houfe detailing the caufes which fhould
induce the Houfe to declare war fay, ( after fpeaking of the evils
flowing from die orders in council) /" that they will proceed to
the confideration of another wrong which has been ftill more fe-
yerely felt. This is the impreffment of our feamen, a practice
which as been unceafingly maintained by Great Britain in the
wars to which lhe has beep a party fince our revolution. That
they cannot convey in adequate tertns the deep fenfe which they
entertain of the iiyufticeand oppreffion of this proceeding. Un-
der the pretext of impreffing Pritifh feamen, Americans were
feized in Britilh ports, on the high feas> and in every other quar-
ter to which the Britiih power extends, were taken on board
Britilh men of war and compelled to ferve there as Britifh fub*
je&s. In this mode our citizens were wantonly fnatched from
their country and their families ; deprived of their liberty and
doomed to an ignominious and ihvifh bondage; compelled to
fight the battles of a foreign qountry, and often to perifh in them.
Our flag has given them no proteftion ; it has been unceasingly
violated and our vefTels e&pofed tp danger by the lofs of the men

Ct>NGRESSlOMAL REPORTER. , 215

i f

taken from them. That while this practice is continued, it is
impoflibie for the United Stales to confider, themfelves an inde-
pendent nation* for every cafe produces a new proof of their de-
gradation." Thefe reports, by the adoption of the meafiires
they recommended, were iandioned by the Congrefs of the U.
States, and may] be confidered as furnifhing ftrong, if not full
and complete evidence that the legiflative department of 'the go-
vernment confidered the impreffment of our feamen as the prin-
cipal caufe which impelled them to have recourfe to the lad re-
fort of injured nations. The opinion of the Executive had been
inanifefted in clear and explicit terms upon the fubjeft, in the
ineffage of the chief Magistrate of the 1ft of June, 1812. Thus
%ve have thefe concurrent proofs againft the affcrtions of the getr
tie man from Connecticut (Mr. Pitkin.) If then C as it appears
clearly to have been from the documents before alludid to) that
impreffment was the principal caufe of the war ; that it was an
injury which no independent nation could fubmit to without (br-
rendering a portion 6f its fovereignty ; would it not be admitted
even on the ground which had been taken, that to have termina-
ted the war, by aefceding to the proportions alluded to, would
have been degrading to the nation and haye manifefted the in-
competency of the Executive to have condu6ted with firmnefs
the helm of ftate which had been fubmitted to his guidance and
dire&ioh. And no doubt couid be entertained had liich an e-
vent taken place, but we fhould have heard denunciations againft
the administration proceeding from the very quarter whence they
now flow. Then they would have been made toith infinitely
roorejuftiee* becaufe they would have been fupported by reafon
and by truth. We fhould have then found the oppofition
appealing to^ the fy mpathies of the people, and proclaiming that
their moft ineftimabie rights had been furrendered by govern-
ment in the pacification, that although they were originally op-
pofed to a war when it had once been declared they been aban-
doned by the Britifh government. For it cannot be concealed,
tha{ unless in the prefent conteft G« Britain can betsompelied to
relinquilh her claim to the right of impreffment; unless it, be
made the sine qua non, by the American government, to any
arrangementjOf the exiflijng differences between the two nations,
our claim to exemption from thir practice muft be forever
given up, and Great-Britain vy ill ^ feel herfelf at liberty to
continue to exercite it with ten-fold rigor and feverity.

No language was^ fufficiently ftrong to exprefs the aftonifh-
meot with which he iiftened to the gentleman from Mafs. (Mr,
Quncy) on yefterday. It was impoflibie for hirn to give utter;-
ance to thofe feelings of abhorrence and indignation which were
excited in his breaft by the obfervations . which fell from that
honorable member. Born and educated in a part of the coun-
. try, where even to think of a ieparation of the ftates was almoft
a treafoa againft that country, tittle did he dream of hearing in

216 y CONGRESSIONAL REPORTER.

t the American Cow*refs fentiments uttered which might eventu-
ally lead to io difaftrous and deplorable an event. And he was
the more aftonilhed when these doftrines were attempted to be
ftrengthened with menaces, and glossed with the colorings of
wit and fatire# He enjoyed, however, fome confolation from
knowing that
"IP/ien satire flew abroad on faction s wing,
'* Shortens her iife, and impotetit her sting" ^ -

Wheij,the honorablefmember took his feat he felt an inftsnfitfve
irapulfe to rife afid vindicate his character from the aiperfions he
had fo wantonly caft upon it ; but a night's refle&irm had con-
vinced him that either nature had not given him fufficient inge-
nuity to wipe them from it, or that they were unfufceptifc>le of
vindication When the pen of thctaithful historian fliould re-
cord the tragic events which might fooner^or later take place in
this country J when poftmty fhould weep over the ruins of the
Republic and lament the blood of thofe freemen who (hould have
fupported with their lives its conftitution and its liberties, "they
^ould not fail to trace its cause to the true and original fource.
That honorable fame which his talents, were fo well calculated to
earn would be p^oftrated ; his memory would live, but it wcluld
have an immortality which no man would envy, and inftead of
, " convincing his descendants that he did not deferve the chains •
attempted to be fattened upfon him," he might at leaftgive them
reafon to fufpe& that he was unworthy of enjoying thofe liber-
ties his fathers had purchafed for him. He had come to the
Houfe to day to conjure the honorable member from Mass. as
he valued his reputation* as he prized his honorable fame, as he
participated in the honor of his country to fupprefs hisfpeech. or
to prevent it from meeting Jhe andinjad version of the public eye,
at least in the shape in which it was delivered. And he called'
upon him by those considerations, before it war loo late, to afrest
its progress to the public observation and the public remark. Bat
*Jhe feared that the wishes of so humble and inconsiderable a mem-
ber of the House could have no influence over the leader of a par-
ty. He warned him to he cautious lest he might fall the first
victim of those flames which it seemed to be his object to enkin-
dle in the eastern section of this Union. He advised him to be-
\ / ware lest he should raise a storm in the country, which it would
\ be beyond the reach of bis power to allay when perhapb be most

\ of all might desire it. It would be in such a season that he would

have notning left T>ut the sad consolation to deplore the madness
or delusion which could have dictated such conduct.

He understood (Mr. Archer said) the gentleman to insinuate
that a French influence bad fastened itself upon the country. He
would disdain to enter into any reasoning to shew the absurdity of
such an insinuation, which was as groundless as it was wipked.
Nor would he deem it necessary in the vindication of his charac-
ter against the charge of such an influence to retort upon that gen-

CONGRESSIONAL REPOTER. 217

tleman the charge of a contrary influence, because he would con-
sider it a disgrace and dishonor to the country even to suspect
that a single indiviual could he found, -who, having first drawn
his breath within the limits of theJJ. States would be base endugh
to cherish an influence either French or British. Be was, there-
fore perfectly willing to declare that he did not believe thfe hon.
member from Massachusetts was under British influence. But the
gentleman seemed to anticipate a charge of that kind being made
against him by the public presses and in prospective declared that
he should wholly disregard it. He hoped he might be permitted
to say that if the newspapers should attack him in the manner
he had anticipated, he ought to remember that the eause of tha
attack would lie at his own door and the speech which he had de-
livered would form an ample commentary on the charge. Altho*
willing to exonerate him v from all British influence awl attach-
ment, he could not but believe thaj. he was secretly advocating and
-insidiously* endeavoring to effect a disunion of the states. This
.seemed to be evinced from the conduct which he had invariably
pursued since he had been a member of the House. "What had
been the nature of all his speeches ? They had been entirely sec*
tional. Had he not often atten>pted x to shew that the interests of
a particular section of the Union had been prostrated before the o-
-vcrgrown power of another ? Had he not on yc&terday intimated,
that a single state was usurping to itself the power of governing
the confederacy ? Had be not upon a former and a memorable oc-
casion ( memorable alone from the extraordinary sentiments he
then delivered) pronounced it as his deliberate opinion " that the
bends of the union were virtually dissolved and that it was the du-
ty of some of the states to separate, amicably if they could Jorci-
bly if they must V 9 Had he not described the present condition
of the country as full of gloom and darkness, and hinted, at the
dawn of a day which was to succeed ! Had he not in the fictions
of a too fertile imagination fancied himself yoked with a slave to
the ear of some southern despot, and did he not say that he would
prove to his children that he was unworthy of such an ignominious
bondage i Could the honorable member from Massachysetts pos-
sibly wish to find verified the predietion of the infamous Henry
and his still more wicked employers, " that if ever the Congrsss
should possess spirit and independence enough to put their popu-
larity in jeopardy by so strong a measure as war„the federal states
would erect a separate government for their common defence and
common interest I 99 For what purpose was he sowing the seeds of
a deep-rooted jealousy between the states,and endeavoring to rear
them to a destructive maturity ? It could be accounted for in no
other way in his esimation, when equal justice had been dealt out
impartially to all, by the general government, tha$ by believing,
what under other circumstances it would have given him pain even
to suspect, that the 1 onorable member was friendly to a dissolu-
tion of those bends, which connect us together. For tho expres-

218 CONGRESSIONAL REPORTER.

sion of his opinion ho hoped to be pardoned. Facts spoke for
themselves, and the conclusion, to his mind seemed fa be irresisti-
ble* Notwithstanding all these things the honorable member had
professed to be a disciple of Washington ! ! If a deviation from
the maxims of a preceptor constituted the definition of a disciple,
he knew not what a diseiple was. He should believe rather that
he was endeavoring to establish apolitical sect of his own, on the
ruins of Washington's principles. He would earnestly advise him
to read (for if he ever read be seemed to have forgotten them)
the parting admonitions of that illustrious man. Let him have
sentiments contained in his farewell address imprinted on his heart
in characters which could never be effaced : let his practice strict-
ly conform to those precepts : let him unsay what he had said ;
then, and not till then would he be entitled to ihe honorable appel-
lation of a disciple of Washington.

If ever this government should be destroyed— if ever this union
should be dissolved, it would be effected by leading -<*nd influen-
tial men obtaining elevated seats in the councils of the nation ^.
professing a sacred attachment to the constitution of the country
and railing and declaiming at its violation in all eases, even wliere
ingenuity itself could scarcely torture the acts denouced into an
infraction of the most general principle of that instrument. A

1 general distrust excited, a groundless alarm sounded, is not east-
y removed or hushed into silence. It heightens the perturbation
of the public mind, which, in such a, feverish state but too oftep
proceeds to acts, without reflecting on consequences. Against such
men, it behoved us to be on our guard, and we had been instruct-
ed by* a man, whose instructions ought to be imperative, "to frown
indignantly upon the first dawning of every attempt to alienate any
portion of our country from the rest, or enfeeble the sacred ties
which now link together the various parts.' 5

The honorable member seemed to triumph over the defeats of
his country ! Even

"The toad

u That feeds upon the gloomy vapor of the dungeon,**
felt some sympathy for its wretched habitation ; but the honorable
member, enjoying the blessings of a free government, had no tears
to shed for the misfortunes and disasters of his country. What
was generally considered disgraceful to the nation was looked np-
*on by him as " glory. 9 ' A war, righteous and just, was represen-
ted as " immoral, wanton and cruel." Every thing in the moral
as well as political world, were attempted fa be perverted— Virtue
was made to mean vice— a love of country, treachery to its inter-
est ; an appeal to the sword in vindication of our rights, as a vir-
tual abandonment of them — war against one nation, submission to
another.

If in the present situation of the country he were called upon to
define the duty of a good citizen ; he would say that he ought to
yield a perfect obedience to the laws-~ihai be ought to further

CONGRESSIONAL REPORTER. 219

alt measures for the promotion of the general welfare— that iie
ought to aid in the prosecution of the present war, in order thvs
a speedj&and honorable peace inight be obtained ; that instead pi
denouncing the measures of his own government as "weak and
wicked*' he should Vindicate them whensoever, and by whomso-
ever assailed : that instead of furnishing fuel to a jealousy of one
^part of the nation against the otbei, he should endeavor to ex-
tinguish it, and to promote union and harmony among all parts.
"What the reverse of this picture was it did not become him to say,
but would leave it to those whose'eonduet and character that re-
versed picture fitted to determine*

All the rays of light which, emanated from the mind of the ami-
able member from Mass; seemed to fall into the dense medium of
party spirit, and to be refracted from their proper course. Henee
he could not discover a single aet of the administration which met
his views of national policy. Hence he had declared that this go-
vernment in its ncgociation with G. Britain never wished to ar- /
range the differences which existed. Is it possible that this can
be believed ? Is is possible that the gentleman himself could be-
lieve it ? Have not the Executive during the two last administra-
tions in every act manifested the utmost anxiety upon the subject?
An impartial history of the numerous wrongs of England against
this country will exhibit in the American government an example
^ef patient forbearance which the annals of no other country caa
furnish. Had an opportunity been anxiously sought for. to involve
us in a war with England, the attack on the Chesapeake would
have furnished an excellent pretext. The popular spirit and in-
dignation wfts aroused. Had, Congress been convened immediately
tifter that event, partaking of the general sensibility, war would
have been the consequence. But, anxious to avoid hostilities ev-
ery means in the power of any government were resorted te, to
preserve peace. Had we not for nearly five years been groaning
under the operation of the orders in council I Had not Messrs.
Monroe & Pinekney been instructed to propose such terms to the
British government on the subject of impressment as would have
effectually secured her deserting seamen from being employed in
our vessels ? This proposition was not acceded te. And after the
treaty which they concluded in 1806, had been rejected by the pre-
sident, a proposition was made by our ministers which with a
very slight shade of difference was the same offered by our charge
d'affairs at London subsequent to the declaration of war. Bad
net the present President of the TJ. S. promptly acceded to Mr.
Erskine's arrangement ? And had the gentleman forgotten the
resolution introduced by himself to return to the President the
thanks of the House of representatives for the promptitude with
which he had acted in that s^ffair ? Had not the' embargo and non-
importation laws of which the gentleman had so bitterly com-
plained, been adopted for the purpose of avoiding war? such have
been the acts of the Executive, which conclusively shewed their

220 CONGRESSIONAL REPORTER.

aversion to a rupture wtth G. B. But what do we find to be tht
conduct of the President since the last session of Congress ? So
anxious was he for a restoration of peace, that the intelligence of
our declaration of tvar had scarcely reached England 'until the
terms upon w^ich its calamities might be. arrested were made
known to the government of that country. This too was done m
opposition to the practice of every country. Terms should be pro-
posed by the power committing the wrong. Yet this was done to
effect a pacification. Had not Mr. ' Russell urged the subject so
far as excite the siuers of lord Castlercagh ? Did not all these j
things go completely to disprove what had been said? And did
they not clearly manifest that the views of -our government had
always been pacific, and that they were entirely. directed to a set-
tlement of the differences which existed, upon terms honorable to
both countries ? but these things gentlemen bad not recollected, or
had endeavored to warp to meet their own purposes. Nothing
could reconcile the member from Mass. to the administration.
When- pacific measures were resorted to in order to heal th*
wounds the enemy were inflicting, the government was then de-
clared to be destitute of spirit id vindicate its insulted honor and
its violated rights. It was said, the men at that time in power
'• could not be kicked into a w^r." And when war has at length
heenresortcd to, the gentleman was more clamorous and tenfold
hiore eruel in his declamations. The war was denounced as im-
moral, anil #ne that might have been avoided if an amicable dispo-
sition had existed in the cabinet. These inconsistencies it would
become the honorable gentleman to reconcile, and he presumed
that some difficulty would be found in convincing any man of intel-
ligence that we were solicitous for a war with 6. B. What, sir,
desirous of a war with a nation whose flag was proudly waving
victorious on every sea, a nation that could transport her armies
to the most distant shores ? The idea waste* wild for any man se-
riously to entertain.

The gentleman had become lately very jealous of a standing ar-
my. This be presumed, waa rather in appearance than reality;
for in the journals of the last session of Congress, his name would
be found recorded as having voted for the bill, for raising 25,000
men, and for filHng up the ranks in the old establishment, a-
mouriting to 10,000 more. We have then record^ of evidence that
the gentleman, last winter, when the United States were at peace,
w r as in favor .of an army of 35,000 men. No jealousy then existed
in his mind of an army of that magnitude, even on the peace es-
tablishment. He never intended that army for war and inva-
sion, for he was opposed to both. And [said Mr. A] he was much
mistaken if he had not heard the gentlemen offer as an apology
for that vote, he was always in favor of a standing army to a cer-
tain extent. But now when the country was engaged in war with
G. Britain, an addition to the army of 20,000 men was consider-
ed as alarming and dangerous to the liberties of the people. —

< N

vV.

CONGRESSIONAL REPORTEB. 22l

• v.

Friendly as be bad been to that administration that bad raised a
standing army in time of peace, the honorable member ought to
be the last to feel any apprehensions jp time of war of an army lit-
tle larger than that which in time of peace bid received his sanc-
tion and approbation, N

But upon the subject of impressment, in order to produce if pos-
sible* union at home, and to remove from the enemy every pretext
-which otherwise she might have for the continuation of that de-

w grading practice, he was perfectly willing to give bis sanction to
a law which should exclude British seamen from the public ships
and merchant vessels of the United States* but ho would not ad-
vance a step further in negociation. And if upon the passage of
such a law, Great Britain should refuse to terminate hostilities,
Ave should prove to the world that no efforts on our part were left
unexertejl to bring about a peace not inconsistent with the interest
©r honor of either country. But he despaired of any measure
produciug union at home, when it had been declared by the hon-
orable gentleman, to whom he had occasion so often to allude
that he would not unitc^unless we would give over the invasion of
Canada, and cease at once all hostile preparations. Did be wish
the government to lay a loyal petition at the foot of the throne,
and humbly beseeeli his majesty to forgive us our errors, and take

_us under his royal protection ?— 3STo, sir, history would shew that
ibis was not a proper plan to pave the way to peace with England.
He would consider the proposition of the gentleman, if adopted,
asa degradation to the nation, and sooner than submit to it he
tyould forego all advantages to be derived from a union of sentir
meat. He would continue it^ war until the latest period of his
life, arftl his parting breath should be spent irt admonishing his
children to continue the contest. Was it possible that we could
suffer our native born citizens to be seized by a foreign govern-
ment, in violation of every right either human or divine ? «ven in
the worst and most degraded periods of the histories of Greece or
Home, such an injury would not have been tolerated. There it
was considered honorable and glorious to die for one's country.
But here self interest, the predominating vice of civil society, has
seized upon the heart and frozen up its most generous sentiments.
The love of gain corrupts and vitiates the best principles of man's
nature, and we are to exhibit ourselves to the present generation,
and to posterity, as the standing and solitary monqmeut of a na-
tion free and unwilling to assert her rights — of a people jealous
of their liberties, and reluctant to vindicate their honor. Yes, sir,
(said he) jngloribusly abandon this contest, and we should become
" a fixed figure for the hand of scorn to point its slow and moving
finger at." Why did we lovethe government under which weliv-
ed ? Because of the blessings it was calculated to bestow on us &
our#deseendants. y Because it threw around the property and lib-
erty of the citizen^ the mantle of its protection. Would gentle-
men remove this safeguard and throw the liberty and personal se-
lf *

222 CONGRESSIONAL REPORTER.

curity of the citizen open to the violation of every country that
felt a disposition to infringe our rights ? Be hoped not. He had
too high an opinion of the principles which pervaded the country
at large* to suppose sueh a step possible.

It had been said by a gentleman from Connecticut, that an m-

fenleus catalogue of the causes which had produced the w&r, had
eei) drawn up, and that it was folly to have gone .to war .until the
cause of it was felt by every roan in the nation. For his part he
could not see that much ingenuity was required to discover that
our vessels had been pillaged — that our citizens had been seized
by British press-gangs — and if he had not discovered it before
that « ingenious" catalogue was made out, he had a much smal-
ler portion of ingenuity than he had supposed him to possess. He
would ask him if the orders in council were not felt in every part
of the country ? Did not the eastern states feel them in the de-
pression of their commerce $nd navigation ? Did not the southern
and middle states feel them in the reduced prices of their produc-
tions of the soil? /

Mr. Archer declared, that notwithstanding the clamor Of French
influence and French alliance, he felt no apprehensions upon that
subject, as he was well convinced it was not the intention or wish
of our government to engulph us in the unfathomable vortex of
European warfare. One word to the gentleman from New York
[Mr. Gold] and he had done. It had been considered by him as
a most unfortunate circumstance that we should be engaged in a
>v&r with Great Britain when Russia was struggling for her inde-
pendence. The most amicable relations existed, it was true, be-
tween Russia and the United States ; but would the gentleman
have us oh that account to submit to every species of indignity
from the ally of that power? He beheld with as much detesta-
tion and abhorrence the conduct of the French emperor as any man
eould possibly do. His ambitious progress was every wtiere mark-
ed with blood. The vengeance of Heaven,, he trusted, would ar-
rest him in his career to universal conquest and domin-
ion. The present condition of Russia, although they groaned un-
der a despotism of the most unrelenting nature, must excite the
sympathy of every man in this country, because she was contend-
ing for her independence — and he would wish her complete success
|n the war in which sjie was now engaged, but that her triumph
would protract the restoration of peace to his own country.

Mr. RHEA said, in examining the merits of this bill, an exten-
sive range is taken in opposition to it ; the bill itself is sometimes
obscured by recitations of matter of negociation heretofore talked
about, and without eflect endeavored by the U. S. Considerable
labor and argumentation has been undergone to shew that in bu-
siness of negociation England was always right, and continually
willing to do right to the U. States, and that the U. States some

CONGRESSIONAL REPORTER.' 223

how or other were always so unfortunate as to be doing something
precedent which hindered Ibem from obtaining and enjoying the
many good things which. England has to bestow and freely give to
those who will by due respect and proper submission merit them.
Every thing relative to that long and unprofitable negociation,
might as well be omitted and left to rest in oblivion, at least in
this house ; and especially because the documents containing all
the unsuccessful business, have been spread before the American
people, and the thing itself has been worn thread-bare, long a*

The causes and reasons which induced the war, are also discus*
sed with great care and attention, and elaborate argument used to
.shevif that the United States had no full cause of war against En-
gland, and that if the United States had any cause of war against
England, England was willing to take it away ;and if it was not
taken away, it was awing to the unfriendly conduct of the U. S.
Such is the substance of arguments introduced on this occasion
to show this bill ought not to~be a law. The cfclises and reasons
jpdueing the war are knortn to the people of this nation* Theyr
have formed their opinion thereon and therefore less may be saidl
There, is, however, a cause of the war, and of the continuance of it
which in proper time will be adverted to, I

In opposing the bill under consideration the aggressions and u-
surpationspf England against the U. S.atre not brought into view
with perceivable distinction generally, and where theyave, En-
gland fighting for existence is excusable f being forced to do
what she does, irt retaliation against France his enemy. It might
however, be as well to let the conduct of England appear in its
free colors towards the United States ; in the colors in which it is,
colors which no brush can wipi off, and which are $f so peculiar a
nature And so agreeable to their subject, that to varnish them o~
ver, or discolor, is impossible ; colors durable as time itself, not
composed of the perishable ingredients of colors used by gre.at
painters of past ages. Seeing the 7 causes of war are noticed, let
the plain facts shew themselves, and they will appear to be, that
England hafc for several years past, to enrich and aggrandize her-
self and to humble- the U. S. carried on war in disguise against
them. In carrying ort that war in disguise, he unjustly took the
property of our citizens, impressed the seamen, and violated in
many instances the sovereignty of the United States. The impar-
tial history of the times will manifest that be perpetrated these
aggressions and usurpations, and that the United States did every
thing a nation oqght to do to preserve peace— but England would
not suffer it to be so. The United States in defence, and vindica-
tion of their rights appealed to arms and declared war, after all
hope of indemnity for the past and security for the future injuries
by negociatipn had ceased. Notwithstanding all this, attempts are
wade to shew that the war on the part the United States is unjust,

•M

224

CONGRESSIONAL REPORTER.

that the declaration of war was an act of folly and madneis, and
being unjust it cannot be^attended with success— &, the war is said
to be foreign and* offensive.

The United States for several years endeavored to^ defend and
vindicate their rights against the aggressions and usurparattun* of
England %y negotiation in the most friendly manner, but without
effect; they then with the same object in view, that is, to defend
and vindicate their i ights against the aggressions and usurpations
of England, declared war 1 , and for that reason, they who were and
are for war, nnmed it a defensive war. They who are opposed to
it may name it an offensive ana foreign war, because it may be
foreign to their desires and offensive to their dispositions, and so
England may name }t foreign and offensive ! because foreign to bis
desires, he would rather have carried on war in disguise against
the United States, and in that mauner have subjected their rights
they remaining passive and unwilling even tobefcicfrcd into a war!
The war is offensive to him, because the United States would not
continue a submission to his tnonstr^us aggressions & usurpations.
In this sense and no other can this war be said to be foreign and
offensive.

The object of a just war is to compel the aggressor to do jus-
tice ; and to attain that end he may be "attacked by land and sea,
and the injured nation has a right to choose the place" of attack;
ojther by land or sea, or both. It is not, for the aggressing na-
tion in such war to direct* the injured nation where to attack ; that
would be to reverse the very design of the war* In this war the
United States ate advised to attack England on the ocean ; and at
the same time they are told that England is invulnerable on the
ocean ,* that his thousand ships of war rule" and give him the do-*"
minion of the ocean. England then being invulnerable on theo-
cean, to persuade to attack him on the ocean is what he, it is pre- .
sumed, would, if be could, persuade the United States to do. For
the United States to attack Great Britain on the eeean, to com-
pel him as the only mode, to do justice to them, would be a strangt
scheme, apparently irreconcilable to common sense and common pru-
dence. But it may be observed withtm/ gentleman from Massar
chusetts, that tliere is an audacity which stands men instead both
of genius and strength ; and most assuredly , he is most likely to
perform that which no man ever did before, and will never be ftfte-
hj to do again, who has the boldness to andertake that, which no
man ever thought of attempting in time posjf, and no man wiU ever
think of attempting in time future. I -would not hoibever, sir, be
understood as intimating that England cannot be conquered on
the ocean, for nations rise and fall like trees in the woods.

•>,

CONGRESSIONAL REPORTER. 225

A nation not sufficiently strong to attack the usurper of its
rights on the ocean* is justifiable in carrying the war into his
territories and dominions, the occupation of his territories by the
injured nation, will not be a reason to denominate the war an of-
fensive war, Tor even by the common law of England (which will
not be disputed) he who commits the fir^t act of aggression, is an-
swerable for all the consequences. In this debate relative to the
war that maxim of England appears to be forgotten, and no won-
der that maxim is forgotten, for all the injuries perpetrated a-
gainst the United States by him appear to be forgotten. And that
is strange, for owing to something wrong in human nature* inju-
ries are better and longer remembered than benefits ; and what
may seem to be stranger than that is, that by reason of some
other strange thing in human nature, both injuries and benefits
are forgotten in the contemplation of supposed splendor and beau-*
ty shining in the face of a beloved object.

But it is objected that for the United States to occupy with their
armies the territories of England in North America, is contrary
to the laws of religion and morality. Certainly they who make
the objection in this case take and act agreeable ,to examples giv-
en by England wnb can Aon* wr*ng. For instance, Scotland
and Ireland were ancient kingdoms— -some old books intimate mora
anoieut than England— and England overcame with his armies
and conquered both, with immense slaughter of mankind, and fi-
nally incorporated them with himself in one empire— and certain-
ly England would do nothing contrary to the laws of religion or
morality. But it is contrary to thfe laws of morality. By the
oommon law of England, an assault will justify a battfry ; & cer-
tainly the common law of England, being the perfection of reason,
is the perfection of morality. England has assaulted, nay griev-
ously battered the UnitedStates many times,more than three times.
In this case then, the example and law of England prove that to
oecupy the territories of usurping England is not contrary to mo-
rality or religion. Will the objector say that he who suffers his
household to be destroyed by an enemy ,and will not provide for its
safety, acts pursuant to religion ?— Besides morality and religion
both sanction self preservation. ''

War may justifiably be carried on against an usurper, where ho
is vulnerable. Admit England is invulnerable on the ocean, but }&
vulnerable on land, and the United States are not able to fight him
en the ocean, and are prohibited by the laws of morality and re-
ligion to attack him on his territory— they then may submit to all
his aggressions patiently, like good religionists and moralists, and
console themselves with inabilty in the one ease, and reli-
gion and morality in the other. According to this doctrine, an ar-
my of Indians, allies of England, may come from beyond the lim-
its of the United States, and murder hundreds of men, women and
•hildren— and the United State* are prohibited by religion and mo-

VOL. II.— No. 15. SjEBATS?.

226 CONGRESSIONAL REPORTER.

rality beyond their own limits to pursue the .savage murderers. —
Away with all such impure and spurious doctrines. Let them be
banished to the shades where dwell non-resistance and passive o-
bedienee.

Prejudice against England cannot with propriety be imputed to
the United States. They patiently waited for several years for
the returning friendship of England ; but friendship returned not;
for their patience they received contumely and more abuse — and
were even told they could not be kicked into a war. The friendly
disposition which dictated that saying, cann6t be attributed to
prejudice against England. The arrangement made with Mr.
Erskine, and the whole oonduct of the United States disprove the
pretended idea of prejudice against England. That notion, and
the notion of French influence, are of the same origin — mere crea-
tures of the imagination and destructive of each other in the ta-
mults of ikney.

It has, been urged, that if the orders in council and blockade
system were repealed by England, and if that had been known
previous to the declaration of war, that declaration would not have
been made. Admit that to bejso, for the argument's sake — that
cannot have any foree against the war. England had time suffi-
cient to repeal them> if he had been so disposed, previous to the
declaration of War ; but iie did riot repeal tbem previous thereto.
But if he has repealed them, they were repealed in consequence of
the oppression by them imposed on his own subjects, and not
in consequence of an intention to do justice tot keiJnited States.
In justice, Ahe U. g. being a neutral nation, were entitled to a
complete exemption from the operation of all the maratime
and commercial edicts, which they remonstrated against and en-
deavored to obtain an exclusion from, since the time of their com-
mencement, notwithstanding the allegations of England, that he
was compelled to adopt them installation against the enemy. He
and his enemy might have issaeo edicts against each other to in-
finity, the United States in justice ought not to have been made the
object of their operation, and more so as they had given ho cause
for their existence. /

In this case it has been attempted to be assumed that the orders
in council being repealed, the cause of war has ceased, and there-
fore the war ought to cease. This assumption jassumes that the
o,rders in council were the only cause af war. What, then, and is
the impressment and enslaving of more than six thousand Ameri-
can seamen no cause of war ? But tor the present, let the orders
in council betaken as the cause of war, the conclusion will not fol-
low. The orders in council existed at the time war was declared.
Let the order pretending to be a repeal of the orders in council be
attentively observed through a pure perspective of American man-
ufacture, that ortler will be discovered to be only a time serving &
make-believe pretension of what is not.'It is jiot what it pretends to
bo ; for it is loaded with restrictions, limitations and reserves.—-

CONGRESSIONAL REPORTER. 227

Too long has the American nation been amused with promises and
pi etencesof friendship from a source where enmity appears root-
ed; Let England do justice, mere justice, and nothing more, and
he may, when he pleases, put an end to the war. But no ; such is
not his will, for offers of impartial accommodation ever since tha
.declaration of war,} Were made to him and he has rejected them ;
the documents manifesting the same are spread before the Ameri-
can people.. War, on the part of England, performs the opera-
tion of the orders in council, and more, and by a treaty only can
be terminated. Let England by acts of justice shew that he is
willing to end the war and be at peaee — let him restore the Amer-
ican seamen he has impressed, and indemnify for aU the spoliations
he has committed, and for all the violations of the sovereignty of
this nation, and he will find the United States cordially disposed
to meet him on terms of mutual justice, and at the return of peae*
said Mr. R. no one will be more gratified than I will be.

A gentleman from Massachusetts has ^amused himself with a
long talk about xliis bill— sometimes it is mere smoke and phan-
tom— -at other times it appears arrayed in the terrific form of a
Gorgon. That gentleman has had his foncy on the torture to dis-
cover what the design of the bill is — sometimes it is to invade
Canada, then it is an electioneering trick. ^ Alas, for truth, when
buried in the bewildering of imagination. And yet the gentleman
would induce a belief that he knowsmany things about it/ for ha
talks profusely about something he calls a cabinet, which by his
talk must know every thing. A cabinet ! And pray,' sir, what is
a eabinet ? A man far off in the woods would suppose that word
meant some sort of house* being a derivative from the word cabin,
a name given to a house wherein a first settler of waste land re-
sides ; so then are the words cabin, cabinet and cabinet-maker.
Either of the tdrms may be taken, & the meaning given to convey
an inapplicable idea for the miniums of fancy. A cabinet, (small
chest)— in England th* word may mean king and privy council—
in America,, under the eonstitution of the United States, the word
has no meaning applicable to any department of the government.
Ah, but it is delicious to follow any thing carrying the fume of
Old England. The application of a little plain common sense will
discover, without trouble, what the design of the bill is ; for in-
stance, the United States are at war in defence of their rights fl-
gainst the usurpations of Great Britain, war fs to be carried on
with forces, the bill contemplates the raising of forces— and the
farces when raised are to act, in maintenance of the rights of this
nation, when and where a direction shall be given ; and any body
who knows the United States are at War mtfy know all that with-
out the aid of a Sorites. The gentleman is opposed to tjie war,
and of coarse a politician to whom the war is offensive, that is, he m
is opposed to the invasion of Canada— but Canada is a province of
England, and near the United States* and aforee of England it

228 CONGRESSIONAL REPORTER.

there, and the celebrated Henry of Briti*h Emisary iiiemory eame
from there, and all this the gentleman knows, and much more and
therefore* let him* to* excused for bis opposition to an attack on
Canada, for that is i wf*9a$ainst J&ftgland, and England has done no
injury to the United States* '■

In this bebate-it isiurgcd, it { is cruel and inhuman to invade tbe
people of Canada :• subsisting relations are stated between the peo-
ple of the tlnfted vgtates and the people of Canada. Relations
doulfcTe^ do exist ; but the people of Canada are subjects of tn-
glanramat passing that over, it ought to be known that po inva-
sion WMltf^nade on the people of Canada, considered only as the
people of Canada, All the round about talk on that subject is in-
applicable, unless they can make it appear that they areimtepend-
ant of England ; in that ease the United States will never invade
them ; they may if they will be so, but that they are not. In
Canada are strong fortifications and regular troops of England
keeping the people of Canada mindful of their subjection. The
safety of the United States may require the removal of the saipe
regular troops from Canada— 4n that removal the people of Cana.
da can lay neutral and no one will injure them. Brit the talk will
not have all the praise expected without being puffed with terms
expressing the cruelty of an invasion of Canada. This notion of
the invasion of Canada, what a powerful notion it is ! We are
told that the success of the English ministry at the late elections,
was owing to this notion of the invasion of Canada ; the English
ministry then ought to be grateful to those who propagated that
notion, for as it has always, so may it with other means in the pow-
er of that ministry, help them out at some other dead lift, and it
follows that an opposition to that notion may incur the direful wrath *
of that ministry, and what a dreadful thing that will be. J

In this debate about a bill to raise an additional number of reg- J
- iments of infantry the wonderful man Napoleon is dragged into
help — he is introduced clQat lied in terror s-to defeat this bill ; this
• bill 40 unnecessary, so good for nothing, only smoke. Fears are
entertained lest the same terrific Napoleon, after hrfving destroyed ■
all other nations, shall take into his head to destroy the United
States also ; this is strange indeed, the fears sustained ought te ;
operate in favor of the bill, and so one would think. But it seems :
the order of nature is reversed in these times of wonder, and what
is most feared t is not to be provided against. But why shall the
terrible Napoleon be now an object of tear ? Bo not all the ac-
counts from Great Britain, (atid surely nothing but truth can come
from the fast antlwred island) goto shew that the terrible Napo-
leon, is with all his armies blockaded up in the desolation of Mos-
cow am* cannot escape ? \ Away then with all the idle fears of the
terrible Napoleon — this is not the place of boyish bnggabo tricks.
But it is intimated that the mighty Napoleon has destroyed all
public law— well then he must have had the, sovereignty of the o-

CONGRESSIONAL REPORTER. 229

cean as well as of the dry land*— and England on the ocean is sub-
ject to him. He who will may believe that — as soon will G, Britain
be believed to be now swallowed down and ingulphed in the o-
eean. How* when, where and by whom was that thing named pub-
lic law made and concluded ? When and where did the nations
convene and make it ? When and where was it universally acted
on ? For being a public law it must have been publicly f that is u-
niversallyin force, obligatory and acted on — like the phantom
named balance of power, the thing named public law has been a
ladder used by ambition to mount the summit of despotism* En-
gland cried out, balance of power, and public law, and endeavor-
ed to justify all her maritime usurpations by k» until he mounted
up to the dominion of the ocean ; and now he say* he has a right
lotto t dominion, and of right will hold it, because his navy sweeps
the ocean in all directions* and by the power of his navy will hold
it, and no doubt he will so long as h<r is able. In this England
has done no more than every other nation who acquired maritime
ascendency has done ; that is, bottomed every maritime usurpa-
tion on the thing named public Jaw* until the ascendency was ac T
quired and then set public law at defiance, declaring that maritime
power earrjed with it the right to prescribe maritime law* On
that despotic principle each of them acted until the injured sur-
rounding nations prut down the ascendency* That usurpation, al*
though in execution it has for a time suspended the rights of na-
tions, bettomed on natural law and universal justice, fras not ob-
literated those natural and inalienable rights* They being per-
petual in existence, although overpowered for a time, continually
operate until at length they burst forth with irresistible energy &
bury the usurper in an everlasting grave under the ruins of his
own magnificence.

The gentleman from Massachusetts, in the fruitfulness of his
imagination, has discovered another object of this bill — that is,
that this bill, and even the war itself, is atk electioneering trick ;
to have a lieut. gen* of the armies appointed, who by a future elec-
tion may become President of the U. States ; and that the state
of Virginia is at the bottom of all this, because a citizen of that
state must be the lieut* gen* ; that in twenty-eight years the pres-
idency of tl e U. States will have been administered twenty-four
years by a Virginian ; and intimating, that not content with that,
Virginia is looking forward to an election four yeans hence. This
is a heavy charge against you, Virginia ! And for this, the gen*
tJeraan, in his big anger, has charged you with ambition, and a
majority of the other states are covertly charged with abetting
you in your ambition, as if they were influenced by you, or were
not fit to jndge for themselves — and all this by a gentleman from
Boston ! The gentleman will not remember past times ; he will '
not recollect when, at the commencement of the revolutionary'
war, Boston was filled with a devouring and cruel enemy, q£)d the
good people thereof in wretthed misery; that then, when paleness

230 CONGRESSIONAL REPORTER.

of face prevailed i* Boston, Virginia rase with magnanimity,
greatness and majesty ; sent her beloved Washington, and her arm-
ed bands of citizens, and her rieh provisions, to deliver and save
the good people of Boston from their mereiless enemies and from
famine. The gentleman will not remember this for great men
sometimes forget their friends. Many good men, however, yet a-
live in Boston, remember it, and with gratitude* This, however
is not intended to intimatedhat a President of the U. States ought
always to be elected from Virginia, but. only to shew that the gen-
tleman would do as well to be in good humor towards Virginia*
But the gentleman, it seems, had discovered that this bill, and e-
▼en the war itself, is an electioneering scheme to make a citizen
of Virginia President of the XJ. States. Well, this is truly a won-
derful discovery — completely novel, and of the gentleman's own
invention ; and as it may be of great use in the political world,
the gentleman is entitled to all the benefits and emoluments of a
first discovery-— to obtain which, adequate provision is made by
law, so soon as a model is lodged in the propor office.

Some observations were made by the gentleman relating te *
drawing-rooms. Such foul and undeserved aspersions have one
enly answer—" let him »fte isjiltky, be filthy still."

A charge is made against this bill, that it will be injurious to
the militia. That is impossible— an evident object of it is to pre-
serve the militia within the limits of their respective states and
territories, as far as is consistent with safety te the Union, to the
intent that the militca may be less frequently taken off from their
rural and. other occupations ; and that, to the militia, is of the ut-
most importance-— and it is well known how careful the governors
of some states are of the militia. Bui a certain operation which
this bill will have is completely kept out of view ; that operation
is, it may be presumed, what has thrown the gentleman so much ,
off his guard. The operation alluded to is sintply this— this bill,
if it becomes a law, will give a force to the President of the U. Si
which will iiot be controlled by any novel constructions of the Con-
stitution, of the U. States and in its operation will greatly aid the
President of the U. States to carry on a just w r against the usur-
pations of England, in defence of the sacred rights of the nation—
this is the great stumbling block.

All that that gentleman has said in this debate — taking into
▼iew his poetryalso,wbich is an inimitable example of the true ba-
thos—is reducible to a few points, namely y invective against those
who administer the affairs of the nation— second, an attempt to
persuade not to invade Canada— third, an attempt in a guarded but
solicitous manner, te shew the weakness-of the physical and pe-
cuniary resources of the IT. States to carry on the war — fourth, a
self-pleasing display of the greatness of the power and resources
of England, and justification of England in his eoftduct against the
U. States accompanied throughout the whole, with moitst intima-

CONGRESSIONAL REPORTER. 231

tions of the certainty of his knowledge, in relation to things by him
declared to b^ true, on his own conscience, in a course of 8 years,
in which he intimates himself to have been an attentive observer

N of things and persons.

He has observed, and properly too, that u the strmgtb qfsatir$
is the justness of the remark, and the only sting of invective is the
truth of the observation." Let the impartial and unprejudiced
read, contemplate and understand the history of all the transac-
tions on the part of the U. States towards England, and on the
part of England towards the IL States, and also all the mass of
invective which that gentleman has in the course of his debates,
and for nearly eight years, been endeavoring to throw on those
who have administered the affairs of this nation-and then apply
the test given by himself, and it will appear that he has been in
the habit, not only in this debate, but at other times, of pronounc-
ing invective against himself—and for a plain reason,his invective
on those who administer the affairs of this nation, is without the
sting necessary to make it invective— and where there is no invec-
tive there is no satire.

So much of what he has observed in opposition to an invasion of
Canada, has been already noticed. So much as respects the ina-
bility of the TJ. States to carry on the war by invading Canada or
otherwise, will recoil, on application of the rule, if designed as
invective, against this nation. And so much thereof as goes to dis-
play the powers and resources of England, and the statements in
relation to the conduct of England towards the U. S t tates*will for
the present, be left to be explained by the gentleman himself at
another time. - k

v The gentleman has stated that his ancestors have been planted
in this country for hear two centuries. And what will that prove?
Only that his ancestors, for so much of that period a& was previ-
ous to the declaration of independence, were subjects of England

" as were all others who were in existence in the then colonies of
England at the time of that declaration. That circumstance will
not sanction the abuse of those who administer the affairs of this
nation. The gendeman intimates he has character and friends,
and a deep stake in the soil. And is he the only one standing in
that predicament ? Have not they who administer the affairs of
this nation characters, families and friends, and deep stakes in the
soil, also ? Are not they and every one who is engaged in resisting
the aggressions and usurpation of England, as deeply interested in
the safety and welfare of the republic, as that gentleman who ence
thought the U. States could not be kicked into a war. Patriotism
&nd love of country does not depend on a long ahcestral residence
in that country, nor in a deep stake ih the soil. Several men
whose ancestors had for many years been settled in the country
previous t# the declaration of independence of the U. S. did not

, remain in the U. Staies but chose to continue subjects of England.

232 CONGRESSIONAL REPORTER.

M that period every mam had a right to eleet whether he would
continue » subjeet of England and retire— or remain aad help to
resist the thea usurpations of Koglaad, and the establishment of
that declaration of independence. The eeuteutieBs and discord of
the Jews shot op in the eity of Jerusalem, by the Roman legions
voder Titus Yespasian, were a cause of the delivery of that great
eity into the bands of Titus, and the destruction of hand the Jew-
ish nation— and these very Jews were the offspring of a long line
of ancestry ^ho had. been for many centuries in possession of that
oity and Judea, and rooted in that soil as deeply and exclusively an
the oak or lofty cedar that rooted itself among the rocks of
Lebanon, and even as deeply as the gentleman himself in the soil
of Massachusetts* This ease is only noticed to shew that a long
line of ancestry is not the exclusive cause of patriotism, without
believing that the opposition of the gentleman to the bill under
consideration, although it may and probably will be a cause of
prolonging the war, will have any effect whatever toward subject,
lng the XL States to the usurpations of England*

England, as has been observed, commenced at an early period
of the United States his operation of war in disguise against them
and that in England was resisted by negoeiation under the admin-
istration of President Washington the father and friend of his coun-
try, and by every sueeeeding President of tbe JJ. S. and that is the
highest authority to have continued resistance not only by negoti-
ation, but by war itself, until the object is obtained. To that war
in disguise, the embargo and non-intercourse laws were opposed
undefr expectation that thereby England might be induced to stop
his war in disguise and do justice to the U. 8. The embargo and x
non-intercourse laws tf ere resisted — and failed in effect, and by
that resistance England was encouraged to progress in his war in
disguise, and that war in disguise, at last produced a declaration
of war against England — that declaration of war was op-
posed and also has every measure to carry on the war. And
there is every reason to believe that that oppositioq in its several
periods has bad considerable influence on England to continue his
war in disguise, and will operate on, him to continue the war, not-
withstanding the efforts of those tf ho by every means, without war
endeavored to obtain justice from England in an amicable man-
ner and who now by war are endeavoring to obtain that object.

Mr. CLAY, (fpeaker)faid he was gratified yefterday by the re-
commitment of the bill to a committee of the whole houfc, from
two confideratioris ; once, fince it afforded to him a flight relaxa-
tion from a moll fatiguing fituation ; and the other, becaufe it fur-
n'lfhed him with an opportunity of preferring to the committee
his fentiments upon the important topics which had been rain-
gled in the debate. He regretted however, that the neqeffity un-
der which the chairman had been placed of putting the qutfton,

CONGRESSIONAL REPORTER.

233

» >

precluded him from an opportunity he had wifhed td have en-
joyed of rendering more acceptable to the committee anything .
he might have to offer oh the interefting points it was his duty
to touch* Unprepared however, as he was to fpeak ©n this day
of which he was the more fenfible from the ill ftate of his health,
he would folicit the 'attention of the committee for a few mo-
ments* t

I was a little astonished, I confess, Paid Mr. £. when I found
this bill committed to pafs filently through the committee of the
whole, and that, not until the moment the queftion was about to
be put for its third reading, was it fclecleflas that objttf fen
which gentlemen in the oppofition chofe toJay before the houfe
their viewspf the interefting attitude in Ay hich/the nation ftands.
It did appear to me tnat the loan bill, which WiH soon come be-
foreus,would have afforded a much moreproperoccafion,it being
morfc effential, as providing the ways and means for the profecu-
tion of the war. — But the gentlemen had the right of selection,
and having exercised it, no matter how improperly, I am gratifi-
ed, whatever I may think of the character of fome part of the
debate, at the latitude in which for once, they have been indul-
ged. I^daim only in return, of gemlemen on the other fide of
the houfe and of the committee, a like indulgence \in expreff-
ing, with the fame unreftrained freedom, my fentimenrs. Per-
haps in the couife of the remarks which I may feel myfelf called
upon to make, faid he, gentlemen may apprehend that they af-
fume too harfh an afpect— I ha vt only now to fay tj^at I {hall
(peak of parties/meafures, and things, as they ftrike my moral
fenfe, prptefting againft the imputation of any intention on my .
part, to wound the feelings of any gentleman.

Confidering the fituation in which this country is now placed
— ina ftate of a£tual war with one of the moft powerful nations
on the earth — It may not be ufelefs to take a view of the pati, of
various parties which have at different times appeared in this
country, and, attend to the manner, by which we have been driv-
en from a peaceful pofture. Such an enquiry may affift in guid-
ing us to that refult, an honorable peace, which mutt be the fin-
cere defire of every friend to America.

The courfe of that oppofition, by which the adminiftration of
the government had been unremittingly impeded for the laft
twelve, years, was lingular, and I believe, unexampled in the his-
tory of any country. It has been alike the duty arfd the intereft of
the adminiftration to preferve peace. Their duty, becaufe it is
neceffary to the growth of an infant people, their genius, and
.heir habits. Their intereft, becaufe a change of the condition of
the nation brings along with it a danger of the k)fs of the affec-
tions of the people. The adminiftration has not been forgetful
of thofe obligations. No art has been left uneffayed — no exper-
iment, promifing a favorable relult, left untried to maintain the
peaceful relations of the country. When, fome fix or feven

234 CONGRESSIONAL REPORTER.

years ago, the affairs of the nation a (Turned a threatning afpef*,
a partial non-importation was adopted. As they grew more a-
lanping an embargo was impofed. It would have anfwered its
purpofe, but was facrificed upon the akar of conciliation. -Vain
and fruitlefs attempt to propitiate. Then came a law of non-in-
tercourfe ? and a genefal nonimportation followed in the train.
In the mean time any indications of a return to the public
law and the path of juttice* on the part of either belligerent, are
feized with avidity by adminiftration — th£ arrangement with
Mr. Erfkine is concluded. It is firft applauded and then cen-
"Tured by the oppofition. No matter with what unfeigned fincer-
ity adminiftration cultivates peace, the opposition will infift that
it alone is culpable for any breach between the two- countries.
Becaufe the President thought proper in accepting the proffered
reparation for the attack on a national veflel, to iritimate that it
would heve better comported with the juftice of the King (and
who does not think so ?) to punifh the offending officer, the op-
pofition, entering into the royal feelings, fees in that imaginary
infult abundant caufefor reje&ing Mr. Erikine's arrangement.
On another occafion you cannot have forgotten the hypocritical
ingenuity which they displayed to diveft Mr. Jackfon's conref-
pondence of a premeditated infult to this country. If gentlemen
would only dbferve for their own government half the fenfibility
which is indulged tor that of Great-Britain, they would find
much lefs to condemn. Reftriction after reftritViorf has been
tried— negociat ion has been refor ted to; until longer to have ne- .
gociated would have been difgraceful. — While thefe peaceful
experiments are undergoing a trial, what is the condudl: of the
oppofition ? They are the champions of war — the proud— the
ipi*rited-*-the fole repofitory of the nation's honor — the exclufive 1
men of vigor and energy. The adminiftration, on the contrary
is weak, feeble and pusillanimous— u incapable of being kicked
intoawar." The maxim, " not a cent for tribute, millions for
defence,'', is loudly proclaimed. Is the adminiftration for nego-
ciation. They want to draw the fword and avenge * the nation's
wrong-r—When, at length, foreign nations, perhaps, emboldened
by every opposition here made, rcfufed to liften to the amicable
appeals made, and repeated arjd reiterated by adminiftration, to
their juftice and to their intereft-^when* in fafit war with one of
them became identified with our independence and our fover-
eignty, and it was no longer poffible to abftain from it, behold
the opposition becoming the friends of peace and of commerce.
Tiiey tell you of the calamities of wart— its tragical events— the
fquandering away of your refources— the wafte of the public
treafure, and the fpilling of innocent blood. They tell you that
honor is an iilufion ! Now we fee them exhibiting the terrific
forms of the roaring king of the foreft, Now the meeknefs and m
>humi!ity,of the lamb!— They are ibr war and not reftrictions,
when the adminiftrationis for peace. They are for peace and

CDNGRESSfONAL REPORTER. 235

i reftrictions, visljjqpjthe adminiftration is for war— You find them*

: fir, tacking wiifi every gale, difplaying the colors of every party,
and of all nations, fteady only in one unalterable purpofe to fteer,
ifpofiible/into the haven of power.

During &U this time the parafites of oppofuion do not fail bf
cunning farcafm orlly inuendo to throw out the idea of French
influence, which is known ta be falfe, which ought to be met
in ont manner only, and that is by the lie dir*-3. The admin-
iftration of this country devoted to foreign influence ! The ad-
miniftration of this country fubfervient to France 1 Grtat God I
how is it lb influenced ! 4 fiy what ligament, on what bafis, ott
what poflible foundation does it rt ft ? Is it on fimilarity of lan-
guage ? No ! we sf^eak different tongues, we speak the English
language. On the teiemblance of our laws ? No ! the tdurcefc
of our juriiprudence fpring from another and a'dtfiercnt country.
On commercial intercourfe ?• No ; we have comparatively none -

% with France Is it from tb? correfpondence in the genius of
the two governments ? No ! here alorte is the liberty of a man
fecure from the inexorable defpotifm whiqh every where elfifc
tramples it under foot, ^yherethen is the ground of fuch an

, influence ? But, fir, I am infulting you by arguing on iuch a fub-
jtxt. Yet.prtpofterousind ridiculous as the infinuation is, it is
propagated with fo much induftry, that there are pcrfons found
foolifh and credulous enough to believe it* You will, no doubt*
think it incredible (but 1 have neveithelefs been told the fact)
that an honorable member of this Houle, now in my eye, that,
he lost his eletfion by the circulation of a ftory in his diftrifet
that he. was firftcoufinof the Emperor NapoUon The proof
of the charge was refted on a itatement of facts which wis un-
doubtedly true.' The gentleman in queftion, it was adedged;
had married a connexion of the lady of the Prefident of the li-
nked States, who was the intimate friend of Thoma\ Jc-flL-rfon,-
late Pfefident of the United States, who fome yeirs ago was in
the babit of wearing red ^French breeches. Now taking theffe
premifes as ellablifhed,you, Mr. Chairman, are too good a lo-

\ gician not to fee that the conclufion necdfarily followed.
# Throughout the period he had been fptaking of, the oppofi-
tionhad been diftinguifhed, amidft all its veerings and changes,
by another inflexible feature- --the application of every vile epi-

t thet which our rich language affords to Bonaparte. He has been
compared to every hideous monfter, and bead, from that of the *

; revelations, t« the rrioft infignificant quadruped. He has been
called the fcourge of mankind, the deftroyer of Europe, the
great robber, the infidel, and lieavert knows by what other"
names. Really, gentlemen remind me of an obfeure lady in a
city not very far off, who alfo took it into her head, in conven-
tion with an accomplished French gentleman, to talk of the af-
fairs of Europe. She too fpoke" of the deftru&ion of the bal-
ance of power, ftormed and raged about the infatiable ambition

«i

236 CONGRESSIONAL REPORTER.

of the Emperor ; called him the curfe of rogtikind, the de-
ftrqyer of Europe* N The Frenchman liftened to her with perfect

{>a tie nee, and when (he had ceafed, (aid to her, with ineffable po-
itenefs : Madame, it woold give my matter, the Emperor, in-
finite pain, if he knew how hardly you thought of him.

Sir, gentlemen appear to me to forget that they Hand on A-
merican foil ; that they ar£ not in the Britifh Houfe of com-
mons,but in the chamber of the Houfe of Representatives of the
United States ; that we have nothing to do with the affairs of
Europe, the partition of territory and fovereignty there, except
info far as thefe things affect the interefts of our own coun-
try. Gentlemen transform themfeives into the Burkes, Chat-
hams and Pitts of another country, and forgetting from honeit
Bcal the interefts of America^ engage with European. fenfibility
in the difcuffion of European interefts* If gentlemen ask me, if
I do not. view with regret and horror the concentration of fuch
vaft power in the hands of Bonaparte ? I reply that I da I re-
gret to fee the Emperor of China holding fuch immenfe fway
over the fortunes of millions of our fpecies. I regret to fee
Great;Britain pofllffing fo uncontrolled a command over all the
waters of our globe. And if I had the ability to diflribute a-
mong the nations of Europe their feverai portions of power and
of fovereignty, I would fay that Holland mould be refcufcitated
and given the weight flie enjoyed in the days of her De Witts.
I would confine France within her natural boundaries, the Alps,
the Pyrennes* and the Rhine, and make her a fecondary naval
power only* I would abridge the Britifh maritime power, raifc
JPruffia and Auftria to firft rate powers, and preferve the integ-
rity of the empire of Ruffia. But thefe are fpeculations* I
look at the political tr anfaft ions of Europe, with the (ingle ex-
ception of their poffible bearing upon us, as I do at the hiftories
of other countries or other times. I do not fur vey them wit h
half the intereft that I do the movements in South America*
Our political relation is much lefs im * rtant than it is fuppoled
to be. I have no fears of French or -Englifh fubjugation. If
we are united, we are too powerful for the mightieft nation in
Europe, or all Europe combined. If we are feparated and torn
alunder, we (hall become an eafy prey to the weakeft of them.
In the latter dreadful contingency, our country will not be worth
preferving.

Next to the notice which the oppofition has found itfelf called
upon to beftow upon the French Emperor, a diftinguiihed cit-
izen of Virginia, formerly Prefident of the United States, has
never for a moment failed to receive their kindeft and moft re.
fpeftfui attention. An honorable gentleman from Maflachuletts
(Mr. Quincv) of whom I am ferry to fay it becomes necefiary
for me to take fome notice, has alluded in a remarkable manner.
Neither his retirement from public office, his eminent lervices,
aor his advanced age, can exempt this patriot from the coarfe

CONGRESSIONAL REPOTER. 237

afiaults of party malevolence. No, fir, in 1801, he (hatched
from the rude hand of ufurpation the violated conftitution of his
country, and that is his crime. He preserved that inftrumenc
in form and fubftance, and Ipjrk* a precious inheritance for gen-
erations tb come, and for thus he can never be forgiven. How
impotent is pafty rage, directed againft him ? he is not more el-
evated by his lofty refidence upon the fummit of his oVvn favor*
he mountain, than he is lifted by theferenity of his mind, and the
confciousnefs of a wellfpent life, above the malignant paffionsand
the turmoils of the day. No ! his own beldved Monticello is not
Itfs moved by the ftorms that beat againft his fides than he hears
with compofure, if he hears at all,, the howlings of the whole
Britifh pack fet loofe from the Effex kennel ! When the gentle* ,
k to whom I have been compelled to allude (hall have mingled his
duft with that ot hisabufed anceftors, when he fhall be configned
to bblivion,orifheliyesatall,'fhalllive only in the treafonable an-
nals of a certain junto, the name ot Jefferfon will be hailed as the
fecond founder of the liberties of this people, and the period of
his ad mi nift ration will be lookv d back to as one of the brighteft
epochs in' American hiftory. I beg the gentleman's pardon—*
he has fecured to himfelf a more imperifhable fame. I think it
. was about this time four years ago that the gentleman fubmit-
ted to the Houfe of Repref entatives an initiative propofition for
an impeachment of Mr. Jefferfon. The House condefcended to
confider it. The gentleman debated it with his usual temper,
moderation and urbanity. The houfe decided it in the moft fo-
lemn manner^ although the gentleman had iome ho w obtained a
fecond, the final vote flood, one for the propofition and 117 a-
gainftit I The fame hiftoric page that transmitted topofterity
the virtues and the glory of Henry the Great of France, tor their
admiration and example, has preferved the infamous name of
the fanatic aflaflin of of that excellent monarch. The same sa-
cred pen that pourtrayed the sufferings and crucifixion of the
Saviour bf mankind has recorded* for univerfal execration, the
name of him who was guilty, not of betraying his country, (but
a kindred crime) bf betraying his God.

In one refpect there is a remarkable difference between the
adminiftration and the oppofition— it is in a sacred regard for
pdrfonal liberty. When out of power my political friends con-
demned the lurrender of Jonathan Robbins— they oppofed the
violation of the freedom of the prefs, in the feditionlaw — they
oppofed the more infidious attack upon the freedom of the per-
fon under the impofing garb of an alien law. — The party now
in oppofition, then in power, advocated the facrifice of the un-
happy Robbins, and paffed thofe two laws. ,. True'to pur princi-
ples^, we are now ftruggling for the liberty of our feamen againft
foreign oppreflion.— /True to theirs, they oppose the war for this,
object- They have indeed lately affected a- tender folicitude
for the liberties of the people and talk of the danger of standing

238 CONGRESSIONAL REPORTER. '

armies, and the burden of taxes. But it is evident to you, 3fc.
Chairman, that they fpeak in a foreign idiom. Their brogue
betrays that it is not their vernacular tongues. What, the op-
poiition who in 1798 and 1799 could raife an ufelrfs army to,
fight an enemy 3000 miles diftant from us, alarmed a| the exis- j
tence of one raifid for a known,fpecifiedobject — >the attack of the '
adjoining provinces of the enemy. The gentleman from Mas-
sachufetts, who affitted by his vote to raife the army of 25,000,
alarmed at the danger of our liberties from this very army J
I mean to fpeak of another fubject," whieh I never think of but j
, with the moll awful confutations. The gentleman from Mas- !
sachufetts in imitation of fome of his predeceflbrs of 1799, has <
entertained us with cabinet pi >ts, presidential plots, which are •
conjured up in the gentlr man's ©wn perturbed imagination.*!
wilh, fir, that another plot of a much mon ferious kind— a plot
that aims at the difmemberment of our union, had only the same
imaginary exiftence. But no man, who had paid any attention
to the tone of certain prints, and to tranfa&ions in a particular
quarter of the union for fe vera! years pad, can doubt the exif- >
tence of fuch a plot. It was fer, very far from my iritehtion to
charge the oppofition with fuch a d$> frgn. No, he believed them
generally incapable of it. He could not fay as much for fome
who were unworthily aflbciated with them io the quarter of the
, nation t© which he referred. The gentleman cannot have for-
gotten his own fentiment, uttered on the floor of this 'House,
t)eaceably if we can* FORCIBLY if we muft i in and about the
same timr Henry's miflion to Bofton was undertaken. The
flagitioufnefs ofthatembaffy had been attempted to be conceal-
ed by directing the public attention to the price which the gen-
tleman fays was given for the dflclofure. A£ if any price could i
change the attempt on the part of Great Britain, or could ex-
tentiate in the flighted degree the offence of thofe citizens* who
entertained and deliberated upon the infamous proportion !
There was a moft remarkable coincidence between some of the
things which that man states, and certain events in the .quarter
alluded to. In the contingency of war with Great Britain, it
will fcje recollected that the neutrality and eventual separation of
that section of the union was to be bropght about.— How, fir,
has it happened fince the declaration of war, that Britifh officers
in Canada have afferted to American officers that this very neu- \
trality would take place ? That they have fo afferted can be j
eftablifhed beyond controversy. The project is not brought j
forward openly with a direct avowal of the intention. — No, the j
flock of good fenfe aod patriotifm in that portion of the country
is too great to be ijndifguifedly encountered* It isaffaikdirom
the raafked batteries of triendfhip to peace and commerce on !
Ahe oneflde,and by the gronridlefs imputation of oppofite propen-
fities on the other. The affi ctionsof the people there are to J
be gradually undermined.-*-The project is suggested or with*

CONGRESSIONAL REPORTER. 239

drawn ; the diabolical parties, iq this criminal tragedy, /makf
their, appearance or exit, a&» the audience to whom they addref!
themfelves are filent, applaud, or hifs. I was aftonilntd, fuj
to have lately read a letter* or a pretended letter publifbed in \
prominent print in that quarter, written not in the fervor of paij
ty zeal, but coolly and deliberately, in which the writer aflvcti
to reason about a separation and attempts to demonttrate itj
advantages to differentiations of the Union, deploring the e^

- iftence now of what be terms prejudice against it, but hopj
ing for the arrival of the; period when they shall be eradicated

* But, fir, I will quit this unpleasant fubject ;,< I will turn froij
ones whom no lenfe of decency or propriety could restrain fror
foiling the carpt t on which he treads, to gentlemen who hav ,
not forgotten what is due themfelves, the place in which \Ve ai
affefobled, nor to those by whom they are oppofed. The gei
tleman fronv North Carolina (Mr.Pearfon). from Connectic
(Mr. Pitkin) and from New- York, (Mr. Bleecker) have, wi
their ufual decorum* contended that the war would not ha
been declared, but for the duplicity of France, in withhold]
bu authentic inftrument of the repeal of the decrees of Ber
and Milan ; that upoji the exhibition of fuch an inftrument t
revocation of the orders in council took placed that this m
caule of the war but for which it would not have been declam
being removed, the administration ought to seek for the resttj'-
ation of peace ; and that upon its.fincerely doing so, termscofr*
patible with the honor and interests of this country may be cj>-
tained. It is my purpofe, faid Mr. C* to examine firft, into tjie

, circumftances under which the war was declared f ; fecondly, h-
to the caufes for continuing it ; and laftly, into, the means whih
have been taken or ought to be taken to procure peace. But ir,
I am really fo exhaufted that, little as I am in the habit of askng
of the houle an indulgence of this kind, I feel that I muft titf-

pafs on their goodnefs. ]

^ [Here Mr. C. M down. ' Mr*Newton moved that the~ cdn-
mittce rife, report progrefs, and ask leave to fit again, which was
done. On the next day he proceeded.] • . - I

I am fenfible, Mr. Chairman, that fome part of the debatd to
which this bill has given rife,has been attended by circumftarjees
much to be regretted, & unufual in this houfe, and of whiclMt
h to be hoped there will be not a repetition. The gentleman i om
Boftonhaa fo abfolved himfelf from every rule of decorum and
propriety, had fo outraged alldecency, that I have /bund it jim-
poffible to fupprefs the feelings excited on the occafion. His
colleague whom I had the honor to follow (Mr. Wheaton) what*
everelfe he might nothave proven, in his very learned, ingen-
ious original expofition of the powers of this government — afiex-
pofition in which he has fought, where no body before him has
looked, and no body after him will examine, for a grant of our
powers, the preamble to the Conftiunion~has clearly fluewm

S40 CONGRESSIONAL REPORTER.

td the fatisfactifcti of all who heard hifri, that the power is confin*
?d to defenfive war, I claiw the benefit of a fimilar principle, in
behalf of my political friends, againft the gentleman from Bolton*
[ demand only the exercife of the right of repulfion. No one
is more anxioijs than I am to preferve the dignity and the liberal-
ty of debate — no member more refponfible fdr its abufe. And
f on this occafion, its juft limits have been violated, let him who
las been the unprovoked caufe, appropriate to himfelf exclufive-
y the confequences.

I omitted, ytfterday, fir, when fpeaking of a very delicate aod
gainful fubjeqt, to notice a powerful engine which the confpirators .
igainft the integrity of the union employ to effe6t their neferious
)urpofe— I mean the fouthcrn influence. The' true friend to his
country knowing that our conftitution was the work of compro-
nife, in which interefts apparently conflicting were attempted to
*e reconciled, aims to extinguilh or allay prejudices. But this
jatriotic exertion does not fuit the views of thofe who are urged
ti by diabolical ambition. They find it convenient to imagine
tie exiftence of certain improper influences, and to propagate
Vith their utmoft induftry, a belief of them. Hence the idea of
Jbuthern preponderance — Virginia influence.— the yoking of the
rfpeftable yeomanry of the north, with the negro-flaves, to the
Qr of fouthern nabobs. If Virginia really cherifhed a reprehen-
fble ambition, and aimed to monopplife t;he chief magittracy # of
tie country, how was fuch a purpole to be accomplifhed ? Vir-
ghia. alone, cannot ele6\ a prefident,whofe elevation depends on
aplurality of electoral votes and a confequent concurrence of ma-
nr ftates.* Would Vermont, difinterefted Pennfylvania, the Car-
ojnas* independent Georgia, Kentucky, Tenneffee, Ohio, Lou-
ifana, all confent to become the tools of an inordinate ambition ?
Bit the prefent incumbent was defignated to the office, before
hi; predecefTor had retired. How ? by public fentiment— pub-
lie fentiment, which grew out of his known virtues, his illuftri-
ous fervices, and his olftinguifhed abilities. Would the gentle-
nun cruth this public fentiment-— is he prepared to admit that he
wculcl arreft the progrefs of opinibn ?

The war was declared becaufe Great Britain arrogated to her-
felfthe pretention of regulating <W foreign trade under the de-
lufivename of retaliatory orders in council— a pretention by
which fhe undertook to proclaim to American en terprife *' thus
far fhalt thou go, and no farther ^'—orders which fhe refufed to
revoke after the alledged caiife of their ena&ment had ceafed :
becaufe fheperfifb.d in the praiVice of imprefling American fea-
ipeii ; becaufe fhe had inftigated the Indians to commit hoftili-
ties againft us ; and becaufe fhe refused indemnity forjierpaft
injuries upon our commerce. I throw out of the queftiqn other
wrongs. The war, in fo& was anounced, on our part. So on-
deniable were the caufes of the war ; io powerfully did they ad-
drefs themfelves to the feelings of the whole American people*

, CONGRESSIONAL REPORTER. 24i '

that when the bill was pending before this house, gentlemen in the
-opposition although provoked to debate, would not, or could not
utter one syllable against it* It is tjrue they wrapped themselves
tip in sullen silence, pretending that they did not choose to debate , " x
such a question in secret session. Whilst speaking 'of the proceed-
ings on that occasion, I beg to be permitted to advert to another
fact that transpired — an important fact, material for the nation to
know, and which I have often regretted had not been spread upon
our journals. My honorable colleague,(Mr MKee) moved,in com-
mittee of the whole, to comprehend France intbe war ; and when
the question was taken upon the proposition, there appeared but
ten votes in favor of it, of whom, seven belonged to this side of the
house, and three only to the other !

It is said that we were inveigled into the war by the perfidy of
France ; and that had she furnished the document in time, which
was first published in England in May last, it wonld have been pre-
vented. I will concede to gentlemen every thing they ask about iujus-
. tiee of France. I wish to God that our ability was equal to our dis-
» position to make her feel the sense we entertain of that injustice*
The manner of the publication of the paper in question was un-
doubtedly extremely exceptionable. But I maintain that, had it
made its appearance earlier, it would not have bad the effect sup-
posed ; and the proof lies in the unequivocal declaration of the
British government. I will trouble you, sir, with going no farther
back than to the letters of the British minister, addressed to the
secretary of state, j ust before the expiration of his diplomatic func-
tions. It will be recollected by the committee, that he exhibited
to this government a despatch from Jjord Castlereagh, in which
i^e principle was distinctly avowed, that to produce the effect of a
repeal of the orders in council, the French decrees must be abso-
lutely and entirely revoked as to all the world, and not as to A-
merica alone. A copy of that despatch was demanded of him, and
lie very awkwardly evaded it — But on the 10th of June, after the
bill declaring war had actually passed this house, and was pending
before the senate, (and which Ihavi no doubt was known to him)
in a letter to Mr. Munroe, he says, " I have no hesitation, sir, in
saying G. B. as the case has hitherto stood, never did nor never
could engage, without the greatest injustice to herself and her al-
lies, as well as to other neutral nations to repeal her orders as
respecting America alone, leaving them in force against other
ftates, upon condition that France would except singly and spe-
cially America from the operation of her decrees.' 5 On the 14th
of the same month, the bill still pending befor^ the senate, he re-
peats, " I will new say, that I feel entirely authorized to assure
you, that if you can at any time produce a full and unconditional
repeal of the French decrees, as you have a right to demand it in
in your character of a ueutral nation, and that it be disengaged
from any question concerning ear maratime rights, we shall be

Voif. II.— No. 16. DEBATES.

242 \ CONGRESSIONAL REPORTER.

ready to meet you with a revocation of the orders in council," 9
Thus sir, you see that the British government would not be con-
tent with a repeal of the Fr. decrees to tU only. But the French*
paper in question was such a repeal. It could not therefore, satisfy
the British government. It eould not, therefore, have averted
the war. The withholding of it did n6t occasion the war, and the
promulgation of it would not have prevented the war. But gear
tiemen have contended that, in point of fact, it did produce a re-
peal of the orders in council. This 1 deny. After it made Its ap-
pearance in England, it was declared by one of the British minis-
try, in Parliament, not to be satisfactory. And all the world
knows that the repeal of the orders in council, resulted from the
enquiry, reluctantly acceded to by the ministry, ioto the effect up-
on their manufacturing establishments of our non importation law
or to the warlike attitude* assumed by this government, or to both.
But is said that the orders in council are done away, no matter
from what cause ; and that, having been the sole motive for de.
daring war, the relations of peace ought to hp restored. This
brings me into an examination of the grounds Tor continuing the
war.

I am far from acknowledging, that, had the orders in council
been repealed, as they have been, before 'the war was declared,
the declaration would have been prevented. In a body sonume- '
rous as this is, from which the declaration emanated, it is impossi-
ble to say with any degree of certainty what would have been the
effect of such a repeal. Each member must answer fo? himself.
I have no hesitation then in saying, that I have always considered
the impressment of American seamen as much the most serious ag-
gression. But, sir, how have those orders at last been repealed;
Great Britain, it is true, ha* intimated a willingness to suspend
their practical operation ;but she still arrogates to herself the
right to revive them upon certain coritingeDees,of whiehshe consti-
tutes herself the sole judge. She waves the temporary use of the
rod, but she suspend^ it in terrorem over our heads. Supposing
it was conceded to gentlemen, that such a repeal of the. orders in
council, as took place on the 23d Juno last, exceptionable as it is,
being known before the war, would have prevented the war, does
it follow t^at it ought to induce us to lay down our arms, without
the redress\>f any other injury ? does it follow in all eases,that that
which would have prevented the war in the first instance, should N
terminate the war ? By no means. It requires a great struggle for a
nation, prone to peace, as this is, to burst through its habits,' and
encounter the difficulties of war. Such a nation jinght but seldom
to go t& war. When it dees, it should be for clear and essential
rights flofte, and it should firmly resolve to extort, at all hazards
their recognition. The war of the revolution is an example of a
war began for one object and prosecuted for another. It Was waged
in its commencement, against the right asserted by the parent eouiu
try to tax the colonies. Then no on* thought of Absolute inde-

• \

, CONGRESSIONAL REPORTER. 243

pendenec. The idea of independence was repelled. But the
British government would have relinquished the principle of taxa-
tion. The founders of our liberties saw, however, that there was
no security short of independence, and they achieved our independ-
ence. When nations are engaged in war, those rights in contro-
versy, which are not acknowledged by the treaty of peace, are 9-
1>andoned. And who is prepared to say that American seamen
shall be surrendered, the victims of the British principle of Im-
pressment ? And, sir, what is this principle? She contends
that she has aright to the { services of her own subjects ; that in the
exercise of this right , she may lawfully impress them, even altho'
she finds them in our vessels, upon theliigb seas, without her ju-
risdiction. * Now I deny that she has any right, without her ju-
risdiction, to come on board our vessels, upon the liigh seas, for
afry other purpoo* but in pursuit of enemas, or theii* goods, or
goods contraband of war* Bat she further contends, th&t her sub-
jects -cannot renounce their allegiance to her, and contract a new
obligation to oth$r sovereigns- I do not mean to go into the gen-
eral question of the right of expatriation. If, as is contended, all
nations deny it, all nations at the same time admit and practice
the right of naturalization. Great Britain herself does. ; Great
Britain, in the very case ' of foreign seatoen, imposes, perhaps,
fewer restraints upon naturalization than any other nation. Then
if subjects cannot break their original allegiance, they may, ac-
cording to universal usage, contract a new allegiance. 'What is
the effect of this double obligation ? Undoubtedly, that the sove-
reign having the possession of the subject, would have the
right to the service* of the subject.. If he return within the juris-
diction of his primitive sovereign, he may resume his right to his
services, of which the subject, by his own act, eould not dH est him-
self. But his primitive sovereign can have no rigbi to go in quest
of him, out pf his own jurisdiction, into the jurisdiction of anoth-
er sovereign, or upon the high seas, where there exists no juris-
diction, for it belongs to the natjon owning the ship navigating
the in. But, sir, this discussion is altogether useless. It isnot to the
British principle, objectionable as it is, that we are alone to look*
It is to her practice. No matter what guise she puts on. It
is in vaii* to assert the inviolability of the obligation of allegiance.
It is in vain to set up the plea of necessity » and to allege that she
» cannot exist without the impressment of HER seamen. . The nak-
ed truth is, she comes by her pressgangs, on board our vessels,
seizes OUR native seamen, as well as naturalized, and drags them
into]ber service. It is the case then,of the assertion of an erroneous
principled a practice not conformable to the principle ;'a principle
which, if it were theoretically right, must forever be practically
wrong. We are told by gentlemen in, the opposition, that gov'ment
has not done ail that was incumbent on it to do to avoid just cause
of complaint, on the part of Great Britain ; that in particular the
certificates of protection,authorised by the act of I796>are fraudu-

244 CONGRESSIONAL REPORTER

lently used, Sir,government has done too much in granting tbo&epa-
per protections* I can never think of them without being shocked*
They resemble the passes which the master grants to bis negro
slave ; " Let the beifcrer, Mungo, pass, and repass without moles-
tation. 9 ' What do tfrdy imply ? That Great Britain has a right
to take all who are not provided wfth them. From their very nature
, they must be liable to abuse on both sides* If Great Britain de-
desires a mark by which she can know her own subjects, let her
give them an ear mark. The colors that float from the mast
head should be the credentials of our seamen. There is no safe-
ty to us, and the gentlemen have shown it, but in the rule that all
who sail under the flag, (net being enemies) are protected by the
flag. It is impossible that this country should ever abandon the
gallant tars, who have won for us such splendid trophies. l«et me
suppose that. the genius of Columbia should visit one of them in hi*
oppressor's prison, ana attempt to reconcile him to his wretched
condition. She would ray to him in the language of gentlemen on
the other side of the house, " Great Britain intends you no harm,
she did not intend to impress you, but one of her own subjects y
having taken you by mistake, I will remonstrate, and try to pre-
vail upon her by peaceable means, to release you, but I cannot, my
son, light for yotu" If he did not consider this moe&ery, he would
address her judgment and say, " You owe me, my country, protec-
tion ; I owe you in return, obedience, ; 1 am no British subject ;.
I am a native of old Massachusetts, where live my aged father,
my wife and children. , I have faithfully discharged my duty.—,
will you defuse to do yours.'' Appealing to her passions, he, would
continue. " Host this eye in fighting under Truxton, with the In-
surgent ; I got this sear before Tripoli, I hroke this leg on board
the Constitution, when the Guerrier struck." If she remained un-
moved, he would break out,, in the mingled accents of distress and
dispair,

IIard,hard is my fate ! once I freedom enjoyed,
YffiS happy as happy could be !

Oh ! bow hard is my fate, how galling these chains.*

I will not imagine the dreadful catastrophe to which he. will be
driven by an abandonment of him to his oppressor. It will not be,
it cannot be, that his country will refuse him protection.

It has been said tha,t Great Britain has been alwavs willing to
make a satisfactory arraugementof the subject of impressment ;
and that Mr King had nearly concluded one prior to his departure
from that country. Let us hear what that minister says upon his

* It is impossible to describe the pathetic effect produced by this part of the
speech. The day was chilling cold, so much so that Mr. C. has been heard
to declare, that it was the^only time he ever spoke when he was unable to
keep himself warm by the exercise of speaking ; yet there wefaieiif eyes that,
did not testify to the sensibility excited.- A at. Int.

CONGRESSIONAL REPORTER 245

return to America. In his letter dated New- York* July, 1803, af-
ter giving an account of his attempt to form an arrangement far
the protection of our seamen, and his interviews to this end with
Itcrd Hawkesbury and St. Vincent, and stating that when he had
-supposed the terms of a convention were agreed upon, a new pre-
tension was set up (.the mare dausum) he concludes, «« I regret not
to have been able to put this business on a satisfactory footing^
knowing as 1 do its very great importance to beth parties ; but I
flatter myself that I have not misjudged the interests of our own
country, in refusing to sanction a principle that might be product r
ive of more extensive evils than those it was our aim to prevent.* 9
The sequel of his negotiation, On this affair, is more fully given in
the recent conversation between Mr. Russell and Lord Castlcroagli
communicated to congress during its present sestiep. J>rd Castle-
reagh says td Mr. Russell,

" Indeed, there has evidently been mueh misapprehension on
this subject, and an erroneous belief entertained that an arange-
ment, in regard to it, has been nearer an accomplishment than
facts will warrant. Even our friends in Congress, I mekn those
who were opposed togding to war with us, have been so confident ia
this mistake, that they have ascribed the failure of such an ar-
rangement solely to the misconduct of the American government.
This error probably originated with Sir. King, for toeing much es-
teemed here, and always well received by persons in power, he
seems to have misconstrued their readiness to listen to his repre-
sentations,* and their warm professions of a disposition to remove
the cornplniats of America, in relation to impressment, into a sap-
posed conviction on their part, of the propriety of adopting the
plan which ha had proposed. But Lord St. Vincent, whom he
fright have thought he had brought over to his opinion, appears
never for a moment to have ceased to regard all arrangement on
the subject to be attended with formidable if not insurmountable
obstacles. This is obvious from a letter which his lordship ad-
dressed to sir William Scott at the time." Here Lord Castle-
reagh read a letter, contained in the records before him, in which
Lord St. Vincent states to sir William Scott, the zeal with which
Mr. King had assailed him on the subject of impressment, confes-
ses his own perplexity and total incompetency to discover any prac-
tical project for the safe discontinuance of that practice, and asks
council and advice. " Thus you see (proceeded lord Castlereagh)
that the confidence of Mr. King on this subject was entirely un-
founded." f% / " '

Thus it is apparent, that at no time has th© enemy been willing
to plaee this subject on a satisfactory footing. I will speak here-
after of the overtures made by administration since the war.

The honorable gentlemon from New -York, (Mr. Bleeker) in*!ie

ery sensible speech with which he favored the committee, made

- ne observation that did not comport with his usual liberal amien-

arged views. It was, that those who are most interested against

246

CONGRESSIONAL REPORTER.

the practice of impressment did not desire a continuance of lb
war on account of it, whilst those [the southern and western mcaj-
bars] who had no interest in it, were the zealous advocates ef tb
American teamen* It was a provincial sentiment unworthy of tie
gentleman. It was one which, in a change of condition, he wouli
not express, because he knew he could not feel it. Does not tbc
gentleman feel fer the unhappy victims of the tomahawk in tht
western country, although his quarter of the Union may be ex-
empted from similar barbarities ? I am sure he does. If there
be a description of rights which, more than any other, should unite
all parties in all quarters of the union, it is unquestionably the
rights of the person. No matter what his vocation ; ; whether frt
seeks subsistence amidst the dangers, of the deep, or draws it from
the bowels of the earth, or from the humblest occupations of me-
chanic life j whenever the sacred rights of an American freeHnao
are assailed, all hearts ought to unite, and every arm should be
braced to vindicate his cause.
The gentleman from Delaware sees in Canada no object worthy
, of conquest. According to him, it is a cold, sterile and inhospit-
able region. And yet, such are the allurements which it offers,
that the same gentlemen apprehends that, if it be annexed to the
United 8tates* already too much weakened by an extension of ter-
ritory the people of New-England will rush over the line and dej
Eopnlate that section of the Union ! that gentleman considers it
onest to hold Canada as a kind of hostage, to regard ii as a sort of
bond, for the good behaviour of the enemy But he will not en-
force the bona. The actual conquest of the country would ac-
cording to him make no impression on the enetay, and yet the very
apprehension only of such a conquest would at all times have a '
powerful operation on him ! Other gentlemen consider the inva-
sion of that country as wicked and unjustifiable. Its inhabitants
are represented as unoffending, connected with those of the bor-
dering states by a thousand tender ties, interchanging acts of kind-
ness, and all the offices of good neighborhood ; Canada, said Mr.
C. innocent ? Canada unoffending ! Is it not in Canada that the
tomahawk of the savage has been moulded in its deathlike form ?
From Canadian magazines Maiden and others, that those supplies
have been issued whiob nourish and sustain the Indian hostilities ? ,
Supplies which have enabled the savage hordes to butcher the gar-
rison of Chicago, and to commit other horrid murders ? Was it
not by the joint co-operation of Canadians and Indians that a re-
mote American fort,Miohilimackinac,was fallen iy?on & redaced,m
ignorance of a state of war ? But sir/ how soon *ave the opposi-
tion changed. When administration was striving, by the opera-
tion of peaceful measures, to bring Great Britain back to a sense
of just ice, they were for old fashioned war. And now that they have
got old fashioned war, their sensibilities are cruelly shocked, and
all their sympathies are lavished upon the harmless inhabitants of
the adjoining provinces- What does a state of war present ? The

HEli

CONGRESSIONAL REPORTER. 247

united energies of one people arrayed against the combined ener-
gies of another— a conflict in which each party aims to inflict all
the injury he can. by sea and land, upon the territories, property
and citizens of the other, subject only to the rules of mitigated war
J™f**T practised by oijjlized nations. The gentleman would not toueh
™*M the continental provinces of the enemy, nor, I presume, for the
****£* same reason, her possessions in the West Indies; The same hu-
_ man spirit would spare the seamen and soldiers of the enemy. The
-"/■acred person of his majesty must not be attacked, for the learned
gentlemen, .,0ji the other side, are quite familiar with the maxim,
tluitthe king can do p,o wrofqfa Indeed, sir, I N know of no person
i>n whom we may make war, upon the principles of the honorable
.- gentleman, but Mr. Stephen, celebrated author of the orders in
council, or the board of admiralty, who authorise and regulate the
practice of impressment I

The disasters of the war admonish us, we are told, of the neces-
sity of terminating the contest. If our achievements upon the land
• have been less splendid than those of our intrepid seamen, it is not
because the American soldier is less brave. On the one element
organization, discipline, and a thorough knowledge of their dutips
exist, on the. part of the officers and their men. On the other al-
most evAy thing is yet to be acquired. We have however, the
consolation (hat pur country abounds with the richest materials,
and that in no instance when engaged in action have our arms been
tarnished. At Brownstown and at Queenstawn the valor of vete-
rans wns displayed, and acts of the noblest heroism were perfor-
med. It is true, that the disgrace of Detroit remains to be wiped
off. That is a subject on which I cannot trust my feelings, it is not
fitting I should speak. But this much I will say, it was an event
which no human foresight could have anticipated, and for which
administration cannot be justly censured. It was the parent of all
the misfortunes we have. experienced on land. But for it .the In-
dian war would have been in a great measure prevented or termi-
nated ; the ascendency on lake ISrie acquired, and the war push-
ed perhaps to Montreal. With the exception of that event, the
<war. even upon the land, has been attended by a series* of the most
brilliant exploits, which, whatever interest they may inspire on
this side of the mountains, have given the greatest pleasure on
the other. The expedition under the command of Governor Ed-
v wards and Colonel Russell, to lake Pioria on the Illinois, was com-
pletely successful. So was that of Capt. Craig* who it is said as-
cended the river still higher. General Hopkins destroyed the
Prophet's town. We have just received intelligence of the gal-
lant enterprdb of Col. Campbell*' In short, sir, the Indian towns
have been swept from the mouth to the source of the Wabash, and
a hostile country has been penetrated far beyond -the most daring
incursions of any campaign daring the former Indian war. Never
was more cool deliberate bravery displayed than that by New-
man's party from Georgia. And (he capture of the Detroit, apd

248 CONGRESSIONAL REPORTER.

the destruction of the Caledoni, [whether placed to our maritime
or land account] for judgment, skill and courage, on the part of Lt.
Elliot, has never been surpassed.

It is alledged that the elections in England are in favor of the
Ministry, and that those in this country are against the war. If
in such a cause (saying nothing of the impurity of their elections)
the people of that country have rallied around their government, .
it afford* a salutary lesson to the people here, who at all hazards
ought to support theirs, struggling as it is to maintain our just
rights. But the people here have hot been false to themselves, a
great majority approves of the war, *>• is evinced by the recent re-
* election of the chief magistrate. Suppose it were evrn true, that
an entire section of the Onion were opposed to the war, that section
being a minority, is the will of the majority to be relinquished?
In that section the real strength of their opposition had been great- .
. ly exaggerated. Vermont has, by two successive expressions of
j$ her opinion, approved the declaration of war. In New-Hamp-
shire, parties are so nearly equipoised that out of 30 or 15,000
votes, those, who approved, and are for supporting it, lost the e-
lection by only 1,000 or 1,500. In Massachusetts alone have they
obtained aify considerable accession. If we come to New-York,
We shall find that other and local causes have influenced her elec-
tions.

What eause, Mr. Chairman, which existed for declaring the war
has been removed ? We sought indemnity for the past and secur-
ity for the future. The orders in council lire suspended, not re-
voked ; no compensation for spoliations. Indian hostilities, which
were secretly instigated, now openly enconraged ; and the prac-
tice of impressment unremittingly persevered in and insisted upon.
Yet administration has given the strongest demonstrations of its
love of peace. On the 26th 3Tune, lelss than ten days after the de-
claration of war, the Secretary of State writes to Mr. Russell, au-
thorising him to agree! to an armistice, upon two conditions only,
and what; are they ? that the orders in council should be repealed,
and the practice of imp* effing American featnen cea9e, thofe'al-
reacly imprefled being released. The propofitton was for noth-
ing more than a real truce ; that the war fhould in fa£t tieafe on
both fides. Again on the 27th July, one month later, anticipating
a poffible obje6\ion to thefe terms, reasonable as they are, Mr.
Munroe empowers Mr. Ruffell to ftipulate in general terms for
an^ armiftice, having only an informal underftanding on these
points. In return the enemy is offered a prohibition of the em-
ployment of his feamen in our fervice, thus removing entirely
| all pretext for the practice of imprefltaent. The very propofi-
\ tion which the gentleman from Connecticut (Mr. Pitkin) con-
tends ought, has been made. How are these pacific advances met
by the other party ? Rejected as ahfolutely inadmiffible, cavils
are indulged about the inadequacy of Mr. Russell's powers, and
the want of an a£t of Congrels is intimated. And yet the con*

CONGRESSIONAL REPORTER. 249

Rant ufage of nations I believe is, where the legiflation of one
party is neceffary to carry into eft6\ a given ftipulation, t© leave
it to the contracting party to provide th* reqyifite laws. If he
fail to do fo it is a breach of good faith; and a subject offabfe-
qucnt remonftrance by the injured party. When Mr. Rutiell
renews the overture, in what was intended as a more agreeable *
form to the Britiih government, Lord Caftlereagh is not content
with a fimpje rejetVion, but clothes it in the language of infult.
Afterwards in converfation with Mr. Ruffefh the moderation of
our Government is mifmterpreted and made the occafion of a
fneer, that we are tired of the War. The propofit ion of Admiral -
Warren is fubmitted in a fpirit not more pacific. He is instruct-
ed, he t(fl!s us, to propofe that the government of the Ignited
States (hall inftantly recal their letters of marque and reprifal a-
g inft Britiih ihtps, together with all orders and instructions for
any a&s of hoftilities whatever againft the territories of his ma.
jefty or the perfons or property of his lubje&s. That fmatl af*
fair being fettled, he is further authorifed N to arrange as to there-
vocation of the laws which interdict the commerce andfhips ot
War of his majefty from the harbors and waters of the Utited
States. m This meflfcnger of peace comes with one qualified con-
peffion in his pocket, not made to the juftice of our demands, and
is fully Empowered to receive our homage, the contrite retrac-
tion of all our meafures adopted againft his mailer ! And in de-
fault, he does not fail toaffure us, the orders in Council are to be
forthwith revived. Adminiftration, Hill anxibuS'to terminate
the war,iuppr^fses the indignation which fuch a propofal ought to
have created, and in its anfwer concludes by informing Admi-
ral Warren " That if there be noobjedYion to an accommoda-
tion of the difference relating to impreffment, in the mode pro*
pofed, othitfthan the fufpenfion of the Britifh claim to impreff-
mcnt during the armiftice, there can be none proceeding, with,
out the armistice, to an immediate discuflion arid arrangment of
an article ori that fubject." Thus it has left the door of nego-
tiation unciofed, and it remains to be feen if the enemy will ac
cept the invitation tendered to him. The honorable gentleman
ftom North Carolina, (Mr. Pearlqp) suppoles, that if Congrefs
would pafs a law prohibiting the employment of B: ; ifh feamen t
in our fervice, upon condition of like prohibition on their part,
peace vVould immediately follow. , Sir, I have no doubt, that if
such a law wt re paffed, with all the requifite folemnities, . Lord
Caftlc reagh would laugh at our fimplicity. No, fir, adminiiftra-
tion has errtciin the fteps tfrhich it has taken to reftore peace, but
its error has been not in too little, but in betraying too great a
folicitude for that event. An honorable peace is attainable only*
by an efficient war. My plan would be to call out the afrtple re*,
fourcesof the country, give thein a judicious dire&ion, profe-
cute the war with the utmoft vigor, ftrike wherever we can
reach the enemy, at fea or on land, and negotiate the terms of

ISO CONGRESSIONAL REPORTER.

►eace at Quebec or Halifax. We are told that England is a
road and lofty nation, that difdaininfe to wait for danger, meets
: halfway. Haughty as (he is, we once triumphed over her, &
i we do not liftcn to the councils of timidity & despair we fball
ain prevail. Infuch a caufe, with the aid of Pre vide nee, we
fiuft come out crowned with fuccefs ; but if we /ail, let us fail
ke men, lafhourfelves to our gallant tars, and expire together
n one common ftruggle, fighting for

" STAMENS 1 RIGHTS AND FREE TRADE.'*

MR. KENT— Mr. Speaker, it is with great reluftance I rife

trouble the Houfe with any remarks of mine at a time when
heir patience muft be fo completely exhaufted, by the unufual
ength of the debate which has already taken place upon the fob*
e£V before you* The bill on your table propofes to raife an ad-
litional military force of twenty thoufand men, and it has been
>bje£ied toon account of its expenfe, and the confequent* dan-
ger growings out of it to the liberties of our country. We are,
ir, in a ftate of war ; and what is evidently the courf e which
ire fhould purfue whilft in that titration ? We fhould advocate
nd iupporfr fuch meafurcs as are calculated to bring that war,
iiftly made on our part, to a fpeedy, honorable, and fuccefsful
onclufion. Viewing the bill on your table as a meafure of that
lefcription, I (hall give it my fupport, regardlefs of that addition- K

1 expenfe, which gentlemen fo emphatically dwell upon. Nay,
r, it is better to expend the thirty millions of dollars (even if
lat fum was neceffary) fo repeatedly fpoken of on the other fide
T the Houfe as the coft of the war for twa years, to kccomplifli
ur objefik, than to expend the fame fum in fiveVears, even if we
>uld eflctl our object with equal certainty.

However commendable economy may be in every jotherfitua-
m of life, in war it is madmiffible ; it lofes its character ; it be-
»mes parfimohy ; you might as welt attempt to unite profu fioti
id avarice, as war and economy. All that the utmoft prudence
n require of you when in a ftate of war, is to make your means
lple ; lay your plans well ; and to thejudgment *>nd the fkill
hefe particulars only can you look for economy or for livings ;
; the want of an inconfiderable fupply of men or moneys cam-
ign might Drove difaftrous, to recover which would require au
menfe facrifice of blood and treafure.
The army has been reprefehted as dangerous to the liberties of
: country* At one moment we are told that when it fhall be
npleted, it will be unequal' to the concert of a petty province
oinlng us, and not exceeding in population the ftate of Mary-
d $ the next moment we are told that it will endanger the litr-
es of feyen millions of freemen. Arguments thus paradox-
need no refutation. Sir, I do ,not pretend to have any raili-
r experience, lafad I am willing to concede the point tothofe
Pefling it, that men enlifted for three or five years'are prefera;
to thofc enliftcd for one year as propofed by the bill ; yet I

- \ CONGRESSIONAL REPORTER. ,251

feel confident that every objefil will be accomplifhed by this bill

- that is intended. It is not propofed to rely fplely oft an army of

-this i deferi ption to carry on the war ; you have nearly a fufiicient

military force authorized for five years, and you want the men

to be railed by this bill only as auxiliaries, till the ranks of that

army can be filled ; with thefe obfervations on the bill before

_ you, I fhall proceed to make a few remarks upon what has fallen

from gentlemen on the other fide' of the Home, in doing whicli

i 1 (hall endeavor to confine myfelf to what has not been policed

by others or, if attended to* not fufficiently fo,
*> If I underftood an honorable gentleman from Connecticut cor.
/ re£Uy who addreffed you the other day, (Mr. Pitkin) he fatd
.we were contending for the employment of foreigners. We con-
tend, fir, for nothing which as an independent nation we are not
entitled to, and which the law$ of nations do not guarantee to ds.
What have been the propoiitions heretofore madfe by our gov-
ernment to Great Britain upon this fubje& ? I find, by a recur-
rence to the correspondence of MefTrs. Monroe and Pinkney
with the government in 1806* that we mad* the following propo-
iitions, the'moft material of which were omittrd yefterday (not
intentionally I hope) by the gentlerran from New York (Mr.
W Emott.) . fiere Mr. Kent read theTollowing propofals from jhe
public documents of JL807— 8. Weofltred—

lft. To afford no refuge or protection to Britifh feamen. . /

2d. To deliver them up if they took refuge among us,

3d. To make laws for reftoring them.

4th. To aid in fearching for, feizihg and reftoring them.
* e 5th. To keep them in our prifons when requefted.
' 6th. To prohibit our citizens from carrying them off.

7th* Taprohibit their employment.

8th. To make penal laws for punifcing their employers.

9th. To make it our duty to reftore them.

10th, To extend the foregoing provifions not only to defert-

ers, burto all fea-faring men.

Thefe propoiitions went completely to fccure to Great Britain
the fervices of all her fea-faring fubjeQs, except fuch as were
naturalized under our laws, which amounted to but few indeed;
thirteen hundred Britifh feamen only halving been naturalized
fincp the commencement of 'our government, and in^all proba-
bility an equal number of our feamen have been naturalized by
Great Britain during the fame period. Yet to my aflonifhment
have I heard it ftated during this debate, that our government
had made no ferious proportions to fecure to Great Britain the
fervices of her feamen. ,

But equitable as thefe propofitions were, they were .reje&ed.
Notwithftanding, fir, our government, anxious in their pursuit
after peace, have gpne ftill further ; they have, through our late
Charge des Affaires in London, (Mr. Ruffell) propoltjd to G.
Britain to exclude from our naval fervice (as well public as pri-

es'

252 CONGRESSIONAL REPORTER.

vatc) all her Teamen, including thofe which may hereafter be nat«
uralized, and notwithftanding the liberality and juftice of this
propofal, it, like all others,' has been made without producing
the defired effett : And what more, fir, could have be en afkeef
of us» required, or granted, than is contained in thefe offers 2
Nothing more 5 unU^ indeed, they had-afked for our indepen-
dence, and, yielding to the rcqufnion, we had granted it. When
an American veffel is at fea, it is amenable to no laws but thofe
of its own country and the laws of nations ; and where in either
of those will the advocates of impreffment find their juftification /
Sir, had not the practice of impreffment been treated as a cafual,
a trivial circumltance, during this debate, I fhouid not have pre-
famed to trouble the Houfe with my dcfultory remarks, and
my principal object in addreffing the Houfe was to afk their at-
mention to a document which appears to have been overlookedi
and which, if neceffary. will place the abomination of that prac-
tice in colours too ftrong to be miftaken.

Hare Mr. Kent read the following extra£t of a letter from the
Secretary of State to Mr. Monroe, dated January 4, 1804 — -'

4 * The whole number of applications made by impceffed fea-
men to our Conful in London between the month of June '97
and September 1801, were two thoufand and fifty nine ! Of
vthis number an hundred and two feamen only were detained as
Britilh fubjefts ; which is lefs than one twentieth of the whole
number impressed. Eleven hundred and forty two were dif-
charged* or ordered to be fot and eight hundred and five were
detained for further proof, with the firongeft prefumption that the
greater part, if not the whole were Americans, or other aliens
whofe proof of citizen fhip had been loft or deftroyed- ■' ,

It is then evident from this document, that for every Britilh
feamen obtained by this violent proceeding, a number of Amer-
icans or other aliens with whom Great Britain has no right to
meddle, not kfs than twenty for oije, have been the vittims of it.
Sir, have w&become fo loft to the real independence and Sove-
reignty of the country, that We are prepared to^yield to this de-
grading, debafing and humiliating badge of vassalage J

The Romans of old had a praftice of riraking the governors of
thofe countries they conquored p£jfs annually beneath their yoke ■
as a mark of fubmiflion, but Wp, doomed to humiliation far
greater, are made to pafs daily, nay hourly, beneath one much
more galling. Some gentlemen objedl to the propositions made '
by Mr* Russell, and assert that he was not authorized.. They
fhouid recoiled that Mr. Russell's letter containing his final of-*
fer to the Britifh government, was communicated to this Houfe
by the Prefident, and, had it not met with his concurrence, it is
prefumable he would in his communication have expressed his
<iifappiobation towards it. Nay, a fimilar offer has been made
by th© Secretary of State to Admiral Warren,

CONGRESSIONAL REPORTER. 353

t know not whether the feelings of fhame or indignation pre-
dominate in my breaft, when I fee gentlemen constantly labor-
ing to place their own government in the vtfrong, and, in contra-
diilibn to the official records of this Houfe. infill that we are con-
tending for the emplpyment of foreigners.

The language of our government upon that fubjefit is this,
fir — that if the oppreffed atid unfortunate inhabitants of Europe,
e leaping from their tyranny and panting after tjheir long loft liber-
ty, feet a refuge in our haf)py country, upon their compliance
with our naturalisation laws, we are willing to t extend . to ^ them
thofe bleffings wfe enjoy, but fhould they become dissatisfied
with- the advantages which 'the interior of the country afford them,
and they think proper to depart from our fhores, we fay to them,
wewill not rifle our peace for their protection beypnd our terri-
torial limits. So for our conteft with Great Britain being for the
employment of her fubjc£ts» it is a conteft for fhielding a large
and valuable portion of our fellow-citizens from. BritlflV thral-
dom, under the lafli of which they have too long labored ; and
who will dare difcrimii^*e in that protection which is cquaVy
-{lue.to all that is due to ^ meaneft individual in the communi-
ty, and withhold it from a clafs of men who have doirie honor to
the American character and covered themfelves witfi glory ?

What American citizen is fo loft to a fenfe of his duty as to
abandon the freedom of commerce for a pittance of trade, to be
held only at the fufferance of a jealous arid implacable foe? Who
is it tnat is willing to fee one of his fellow men placed in one fcale
and balanced with a cent in the other ? — For that is the real con-
teft. War was declared under circumftances that left v us nothing
to' hope from the jnftice or magnanimity of her enemies, and the
abandonment of the high ground vauntingly assumed by the
Prince Regent in April last and reiterated by his minifter here*
at the moment when the declaration of war was under difcuffion,
can be attributed only to an apprehenfion of war ; for whatever
might have been the efledts of our reftri£tive fyftem on thera>they
never attempted any modification or relaxation of their orders
in council (which went to regulate our foreign intercourfe) till
the a6t laying an embargo and avowed as a preliminary mcafure
to war, reached that country.

We made war not for one particular injury, but for a long cat-
alogue oC wrongs^ and until there is a final adjustment of the moft
prominent of thole differances, that peace which, can be procured
without it muft be precarious indeed, if not dilhon®rable. The
gentleman from Maflachufettp (Mr. Quinqy) faid the other day
** that whenever propofitions for a reconciliation with Great
B. had been nrade,they had been invariably preceded or accom 4

Fahied by fome meafure calculated to infurc their reje£tion. ,, -~
cannot account for fuch an assertion, unlets in the language of
the pocfc I fbould fay —

254 CONGRESSIONAL REPORTER.

♦ »

« TtJJles tight aa air ' > #

Are to the jtaloun confirmation strong
M proofs from holy writ"

Was n.H the arrangement with Mr. Erlktne proof pofitive to
the contrary ? what unfriendly meafure accompanied that ar-
rangement ? ' None. Did not good men *)f all parties rejoice at .
it ? Was not the reftoration of a friendly intercourfe between
the two countries hailed as a national blemiig from Maine to Or-
leans? Nay, was there not a contefton this floor among gentle-
men about who fhould be the firft to attett their .apbrobation of
the Preficlent's conduft on that occafion ? Yet th« arrangement
wasf rejected on the ground that Mr. Erfkine was-oot authorifed.
It was immaterial, fir, whether he was authorifed or not* as re-'
fpe&s the dilpofition of the government or the people of this^eoun-
try towards Great Britain ; if he was authorited* the arrange-
ment fhould have been fulfilled ; if he was not, all they had to
do was to authorife bim or lbme other agent ; and harmony and
fri^ndfhip, fomuch to.bedelired, would have been, inftantly re-
ftored between the two countries. /

A gentleman from N^w York (Mr- Cmott) obferved yeftdr-
day, " that we had no canfe of war when it was declared. " - In
order to cefttte that rem irk, I will alk ttie attention of theHoufe
for one moment to what were the fentiments of that gentleman
andThis friends at a former period, when the differences*between
this country and Great Britain firft assumed a ferious afpeft.
Here Mr. Kent read the following extract from a memorial from
the town of Bofton, fimilar ones to which had been prefented
from every feaport town in the country ■•—

u While, your raemorialifh have witnessed with mingled feel-
ings of indignation towards the perpetrators, and of Com ujsser-
ation for their unfortunate countrymen, the infults and barbar-
ities which the commerce of thefe ftate^ has luftained from the
cruifers of France and Spain».itis their objedHn tfie prefent*
memorial to confine their animadv?rfions to the more alarming,
becaufe more numerous arid ektenfive detentions and condem-
nations of American vessels bv Great Britain; and to advert to
the principles recently avowed and adopted by her courts relative
to neutral trade-— principles which, if admitted or pra£ttfed upon
in all the latitude which may be fairly inferred to be intended,
would be deftrufUve of the navigation, and radically impair the
mod lucrative commerce of pur country*" * .

Shall I remark to the Houfe, that to this memorial is attached
the refpe'dable lignature of James Lloyd, now a leprefentatiye
from the ftate o^ Massachufetts, in the other branch of the Legif-
lature ? The language and fentiments of thefe memorialifts were
juft, and were correftly pointed at that time againft Great Brit-
ain alone, and met the approbation of both Houfes ofCongrefs
and of the nation. It was, fir, the publication of thefe papers which
firft attracted the attention of the American people, and pointed

CONGRESSIONAL REORTEJR.

255

their indignation againft the government of Great Britain for
intolerable aggreffions, which to this day are unatoned for.

Sir, 1 fhould be glad to know in what fubfequeftt act of the
Britifh government, the gentleman and his friends found a miti-
gation of thole indignant feelings so juftly and ably pourtrayed ia
thofe memorials ; by what iubfequent ^ct of aggreffioh were they
reconciled to thofe deftru&ive 4k principles adopted by the Brit-
i(h courts/' and spoken of by them with fo much abhorrence ?—
Were thofe a£ts of unrepaired violence, converted into inno-
cence by the attack on the Chefapcake frigate , the June follow-
ing — by the degradation of our flag— -the murder of our citizens—
and the feizjjw of four of her crew, one&of whom they hung, an-
other they flogged to death — and* changing the fcene from trag-
edy to farce* as a reparation for this injury, (for tire pittance
of a-penfion-oflfered^ the wounded and the friends of the fla^n nev-
er ihould be taken into confideration) the other two were reftor-
ed, after five ^ears imprifonmeflf ? Was the wrath of the gen-
tleman and his friends appeafedby her orders of council of Nov.
1807, lefs than one year after thfe date of thefe memorials, by
which we were required to fend all our produce into her ports,
there to pay whatever duties his Brittannic majefty's government
might think proper to impofe upon it, and they would then per-
mit us t# proceed to a market, upon the condition that we would
on our return pafs again through her ports a n d pay a fimilar duty
on our return cargo ? *

Sir, the history of the world does not furnifli ah inftance of e-
qual audacity, of equal outrage, offered to a free people-— and that
was the moment when we fhould have arretted the progress of
her injuftice— the whole nation would have been with us. But
inafmuch as war was not declared againft Great Britain at that
time, I rejoice at the marked difapprobation of the people of my
native ftate towards iuch an invafion of their rights. Thp mo-
ment a cargo arrived which had been contaminated by the pay-
ment of fuch tribute, it was carefully collected and configned to
the flames, and their deteftation offuch an attack upon the fover-
eignty of the country, conveyed to 'the 'Ikies in " curling
f^icke." \

I could proceed, and Hot from aggreffion to aggreffion, coril*
mitted upon us by Great Britain, from the date of thefe memo-
rials until the moment war was declared — but I will forbear— the
incdnfiftency of the gentlemen, and the unfoundnefs of his re-
mark, is too obvious to require it. . "

I am as anxious for peace as any gentlemam in or out of this
houfe, and^ would willingly make any facrificeqonfiftent with the
honor ^nd integrity of the country to obtain it ; but I know of no
mocje By which you can come at it, but by a juccefsf ul applica-
tion of the bayonet — for ^ very overture for a reconciliation be-
fore or fince the declaration of the war has been rejected.

256

CONGRESSIONAL REPORTER.

The gentleman from Maflachufetts, (Mr. Quincy) appears to
to think his own government capable of every thing treacherous
or diihonorable $ but conCders our enemies incapable of an afct
that is not loyal and honorable. I do not envy the feelings or
patriotism of any gentleman that could permit himfelf for a mo-
ment to make fuch a companion.

Great Britain has had it repeatedly in her power to place us in
the lituation towards her enemy* which repeated a£ts of injuftice
on her part has placed us towards her ; but every occafion has
been contt'mptuoufly r< jefcied ; and if (he fuficrs in the conflict
iu which we are engaged* the fin will be with her, not wit us :
and if the gentleman from iMillichuf- tts, & those who think pro*
per to act with him, would make the fame exertions to serve
their country which they make to ferve a party, we fhould be the
moll happy and profperous people under the fun.

The gentleman from Ne<v-York (Mr* Bleeker) the other day
obferved that* *' fince the declaration of war the conftant cry had
been that all oppofuion muft ceafe. , > I know of no act of the
government fir, or of thofe connected with it, that will bear the
gentleman out in this remark. Where in this, happy country,
can. be found one inflance of oppreflion or per&cution ? And I
feel confident, that fhould the government err, it will be on the
other fide. But X would afk that gentleman, when in a ftate ot
war, forced upon us by the aggreffions of a foreign power, what
would be the courfe pointed out by found difcretion and realpat-
riotifm ? The firft enquiry would be* has the government been
adminiftered agreeably to the confutation*— was war declared by
the conftituted authorities of the country ? Being anfwered un-
queftionably in the affirmative— the proper courfe to be purfueu
in such a fituation then is, to invite harmony and union among
the people, to put down our common enemy— this being done, if
abufes exilt in the government, correct them ; if there fhould be
corruption in the body politic, cleanfe it ; and I pledge myfelf to
go As far as any gentleman in meafures thus falutary.

During this debate, repeated reference has been made to what
palled between Meflrs. Monroe and Pinkney, arid the Britifh
commiffipners, pending their negotiations in England in 1806 ;
and it has been fuppofed by fome gentlemen, thatfome concef-
fion was made at that time by the Britifh government relative to
impreflment. "

Sir I pofitively ftate that the Britifh government conceded
nothing upon that fubjefl, and the practice of the Britifh narval of-
ficers and the corcefpondence of the parties fupport me in this
declaration. The Britifh commiffioners in their letter to Mr.
Canning, dated the 10th Auguft, 18,10, ftate that they did not,
in what paffed between them and the American roinifters,
V pledge their government to abftain in future from the pradlice
Qf impreffing from A nericarf merchant vessels, but did mean to

CONGRESSIONAL REORTER. 257

pledge the Britifh government (o make icscruizers obferve the
utmoit moderation, caution and forbearance in the exercife of
that practice.^

Sir, the treaty was filent upon the fubjefl of impreffment, and
the Britifh commiffioners fay,." the treaty was in itfelf complete
and unconditional andTubjcdi to no refervaticar on Either part, ex»
cept what was expnfUd in the note of the 30th December,"
wherein- Great Britain refervtd the righ', notwithftanding the
treaty, to challife us, if we did not refill France hi the way and
maimer molt agreeable to her.

\\gain, fir, the Britilh commiffioners, m their note of Nov.
8th, to MeHrs. Monroe and Hnkney, and which contains all the
conceffion, if it can be 1 called conaffion, upon the fubjeft of im-
preftment, which was made, they remark, "that inftru£lions
had been given & shall be repeated fo'etiforced Tor the oblervance
of the grcateft caution in the impreffing of Britilh feamen from
American merchant veffels." The treaty made with the Britilh
government (and conntdled with the difcuflions pending jts ne-
gociation was the promife ta be cautious in the exercife of the
pra6lil^of impreffment on board Americai,i V(rs$cls)was con-
xludecMn England on the 27th December, 1806, and delivered
to our government the 15th March fol!owing,and in themonth of
June next, three months only after thq receipt of the treaty, \o
cautious and moderate were Britilh officers in the praflice of
impressment* that they attacked one of our public vessels, before-
alluded to, and imprefsc-d four of her crew* 1 mention this, lit,
as one inftance only, of the melahcholy proof of that "caution"
ih the pra£Ufc of impressment, promiild by the Britilh com-
miffioners, and which was all the conceffion made b£ them to
Messrs. Monroe and Pinkneyvrelative to impressment the prac-
tice of which, when extended to the vessels of the United States,
reduces us to a ftate of vassalage- which vie are bound successful-
ly to resist or sink in the attempt.

WASHINGTON, MARCH 4* 1813.

At twelve o'clock this day, JAMES MADISON, the President
of the United States elect, having attended at the Capitol for the
purpose of taking the Oath of Office, delivered to the va§i con*
course of people assembled on the occasion, the following

SPEECH :

ABOUT to add the solemnity of an oath to the obligations im-
posed by a second call to the station in which my country, have be-
fore placed me, I find, in the presence of this respectable assem-
bly, an opportunity of publicly repeating my profound sense of so
distinguished a coafuience, and of the responsibility uuhed with it.
The impressions on me are strengthened by such an evidence that
my fai'hful endeavors to discharge my arduous duties have- been
favorably estimated; and by a consideration ot* the momeut-

V0L.*II.— No. 17- DEBATES.

<**

258 CONGRESSIONAL REPORTER.

(

tous period at which the trust has been renewed. From the
weight and magnitude now belonging to it, I should be compelled
to shrink, if I had less reliance on thg support of an enlightened
and generous people, and felt less deeply a conviction, that the
war with a -powerfid v nation, which forms so prominent a feature
in our situation, is stamped with that justice, which invites the
f miles of heaven on the means* of conducting it to a successful ter-
mination. " *

May we not cherish thisitiicntiment, without presumption, when
we reflect on the characters by which this war is distinguished ?

It was not declared on the part of the United States, until it
had long been made on them, in reality, though not in name ;
until arguments and expostulations had been exhausted; until a
positive declaration had heen received that the wrongs provoking
it would not be discontinued ; nor until this appeal could no lon-
ger be delayed, without breaking down the spirit of the nation,
destroying fill confidence in itself and in its political institutions ;
and either perpetuating a state of disgraceful suffering, or re-
gaining, by more costly sacrifices and more severe struggles, our
lost rank and respect among independent powers.

On the issue of the war are staked our national sovereignty on
the high seas, and security of an important class of citizens, whose
occupations givethe proper value to those of every other class.
Not to contend for such a stake, is to surrender our equality with
other powers, on the element common to all ; and to Violate the
sacred title, which every member of society has to its protection.
I need not call into view the unlawfulness of the practice, by
which our mariners are forced, at the will of every cruising offi-
cer, ( from their own vessels into foreign ones, nor paint the out-
rages inseparable from it. The proofs are in the records of each
successive administration of our government ; and the cruel suf-
ferings of that portion of the American people have found their
way to every bo?om not dead to the sympathies of human nature,

As the war was just in its origin, and necessary and noble in its
objeets, we can reflect with a proud satisfaction, that in carrying it
on, no principle of justice or honor, no usage of civilized nations,
no precept of courtesy or humanity have been infringed. The
war has been waged on our part, with, scrupulous regard to all
these obligations, and in a spirit of liberality which was never sur.
passed.

How little has been the effect of thjs example on the conduct of
the enemy !

They have returned as prisoners of war citizens of the United
§tates,not liable to be so considered Under the usages of war.

They have refused to consider as prisoners of war,
and threatened to punish as traitors and deserters, per-
sons emigrating without restraint to the United States ; in-
incorporated by naturalization into our political family, & fighting
under the authority of their adopted country, in open & honorable
war, for the maintenance of its tights and safety. Such is the a-

CONGRESSIONAL REPORTER.

Vowed purpose of a government, which is in the practice of
naturalizing, by thousands, citizens of other countries, and not on-
ly of permitting but compelling them to fight its battles against
their native country. ' . *

They have not,it is true,taken into their own hands (he hatchet &
the knife, devoted to indiscriminate massacre ; but tlney have let
loose the savages armed with these cruel instruments ; have allur-
ed them into their service, and carried them to battle by their
sides, eager to glut their savage thirst with the blood of the van-
quished, and to finish the work of torture and death on maimed
and defenceless captives; Arid, what was never before seen, Brit-
ish commanders have extorted victory over the unconquerable val-
or of our troops, by presenting to the sympathy of their chief, a-
wai ting massacre from their savage associates. ~

And npw we find them in further contempt of the modes of hon-
orable warfare ^supplying the place of a conquering -force, by at-
tempts to disorganize our political society, to dismember our con-
. federated republic. Happily, like others, those will recoil on the
authors ; but they mark the degenerate councils from which they
emanate ; and if they did not belong to a series of unexampled in-
consistencies, might excite the greater wonder, as proceeding
from a government which founded the very war in which it has
been so long engaged, on & charge against the disorganising and
insurrectional policy of its adversary. ^

To render the justice of the war on our part more conspicuous,
the reluctance to commence it was followed by the earliest and
strongest manifestations of a disposition to arrest its progress—
The / sword was scarcely but of the scabbard before the en*
ciiny was- apprised of the reasonable terms on which it wpuhi be re-
sheathed. Still more precise advances were repeated, and have
N bcea received Jn a spirif: forbidding every reliance not placed in
the military resources of the nation. '

These resources are amply sufficient to bring the war to an hon-
orable issue. Our nation is, In number, more than half that of
the British isles. It is composed of a brave,a free, a virtuous & an
intelligent people. , Our country abounds in the necessaries, the
arts and the comforts of life. A general prosperity is visible in
the public countenance. The means employed by the British cab-
inet to undermine it, have recoiled on themselves; have? given
to our national faculties a more rapid developement ; and, drain-
ing or diverting the precious metals from British circulation and
British vaults, have poured them into those of the United States*
It* is a propitious consideration, that an unavoidable war should
bare found this seasonable facility for the contributions required
to support it. When the public voice called for war, all knew and
still know, that without them, it could not be carried on,
through the period , which it might last ; and the patriotism, the
good sense and the manly spirit of our citizens,are pledges for the
cheerfulness withwhich they will bear each his share of the com-
iuoa burden. To render the war short, & its success sure, animated

r 1

260 CONGRESSIONAL REPORTER.

and systematic exertions alone are necessary ; and the success of *
our arms now, may lunjj preserve our country iVom tite necessity
of another resort to them. Already have (he gallant exploits of .
our naval heroes proved to the world our inherent capacity to
maintain our rights on one element. If the reputation of our arms
has been thrown under clouds on the other, presaging flashes of he-
roic enterprize assures us, that nothing is wanting to correspond-
ent triumphs there also, but the discipline and haipts which are in

daily progress.

' LIST OF ACTS,

PASSED AT THE SECOND SESSION OF THE

TWKLFT fl CONGRESS.

An act to authorise the transportation of certain documents free
of postage. , ,

An act increasing the pay of non-commissioned officers, musi-
cians, privates and others of the army, and for other purposes.

An act making an appropriation to defray the expenses incur-
red under an act entitled *< An act to authorise, a detachment from
the militia of the United States;" and the act entitled **' An act -
for calling fortli the militia to execute the l^ws of the union, sup-
press insurrections, ,and repel invasions, and to repeal the act now
in force for those purposes, passed the 28th day of February,
±795." ' - •" \

An act concerning tlie district and territorial judges of the Unit-
ed States. ^ ^

An act directing the Secretary of the treasury to remit fines,
forfeitures and penalties, in certain cases. »

An act to increase the navy of the United States. ' ^

An act approving of the report of the commissioners appointed^
by the Secretary at War, to ascertain and settle the exterior ' line
of the public land at West l*uint in th* state of New-York.

An act authorising the President of the United States to cstab- -
lish post routes in certain cases.

An act providing for. navy pensions in certain cases.
An act making certain partial appropriations for the year oije
^ thousand eight hundred and thirteen.

An act in addition to the act concerning letters of marque,
prizes and prize goods.

An act supplementary to the act entitled " An act for the more
perfect organization of the army of the United States."

An i\*t_ in addition to the act* entitled •< An act to raise an addi-
tional military force," and for other purposes. .

An net authorizing the admission, under certain circumstances,
of vessels owned by citizens of the United States of America, with
thz\v cargoes from British ports beyond the Cape of Good Hope.

An act regulating pensions to persons onboard private armed *
ships.

An act confirming certain claims in the district of Vincennes.
An a$t to raise ten additional companies of Rangers*
An act for the relief of John Binsioiu

, CONGRESSIONAL REPORTER. 251

An act Tor the relief of the Bible Society of Philadelphia.

An act giving the right of pre emotion in the purchase oflairfs
to certain scttler^in the Illinois territory.

An act to authorise and empower the president and managers of
the Washington Turnpike Company of the State of Maryland,
when organized, to extend and make the turnpike to or from
Georgetown in this district to the line thereof*

An aet the better to provide for the supplies of the army of the
United States, and for the accountability ofpersens entrusted with
the same.

An aet giving further time to purchasers of public land to com-
plete their payments. \ , • . #

An act authorising the discharge of Daniel Updike from impris-
onment.

An act for the rcjief of Susannah Willcy. } * *

An aet. for the regulation of seamen on hoard the private and
public vessels of the United States.

An act to continue in force, for a limited time, the first section;
of the aet entitled " An act further to protect (ha commerce and
seamen of the United States against the Barbary powers."
^ An aet rewarding the officers and crew of the frigate Constitu-
tion, and the ere w of the Wasp.

An act further to prolong the continuation of the Mint at Phila-
delphia. • ,

An act giving a further t\m6 for registering claims to lands, in
the eastern and western districts of the territory of Orleans, now
state of Louisiana.

k An act vesting in the President of the United States the power of
retaliation.

An aet for the relief of John Dixon and John Murray.

An act for the relief of Reuben Afwater.

An act to impose a duty on the importation of iron wire.

An act to establish certain post-roads in the state of ^Louisiana.

An aet for the relief of Royal Converce. .

An act authorizing the issuing of treasury notes, for the service
of the year 1813.

An act to alter the time for the next meeting of jCongressf

An aet directing the Secretary of the treasury to remit certain
fines, penalties, and forfeitures therein mentioned.

An aet authorizing the appointment of additional officers in the
respective territories of the United States.

An act making provision for an additional numfier of general of-
.ficers. -

An act in addilionio-an act regulating the- post-office establish-
ment.

An act fqr the relief of John Redfield jr.

An act supplementary to an act entitled " An act to provide for
•ailing forth the militia to execute the laws, suppress insurrections
and repel invasions," and to repeal the act now in force for those
purposes, and to increase the pay of volunteers and militia corps.

An act for the relief of Jared Shattack;

CONTENTS.

P \GE

ADDRESS to the Public - - - - - -* 2

DOCUMENTS.

President's Mt ffage to Congrefs, Nov.4, 1813 - - 3

Documents accompanying the President's Message.

Mr. Monroe to Mr. Rufll 11 - - - . - io

Same to fame - -• * - - -- 11

Mr. Graham to Mr. Ruffell . - - 13

Sam* to fame - . - - - • - - 13

Memorandum referred to in foregoing letter 14

Extract from Mr. Monroe to Mr. Ruffell 15

On tkt subject of an Armistice .
Mr. Ruffell to Mr. Monroe - . - -18

262 CONGRESSIONAL REPORTER.

An act authorizing a loan for a sum not exceeding sixteen mil-
lions of dollars

Resolution, relative to the brilliant aebievments of captains Hull,
Decatur, Jones, and lieut. Elliot.

An act making appropriations for the support of the navy of the |
U.. States for 1813.

An act making appropriations for the support of the army of the
TJ. States for 1813.

An act giving further time for delivering the evidence in sup-
port of claims to land in the Missouri territory, &c. ,

An act declaring the consent of congress to an act of the le-
gislature of Georgia, &c.

An aet for the relief of Ingraham Phoenix and Nixen.

An aet authorizing the secretary of the treasury to cause to be
issued new certificates of registry.

An act to alter the time of holding the district courts of New-
York and Massachusetts.

Resolution authorizing the president to cause to be pre-
pared and lain before congress a system of military discipline for
the infantry of the army and militia of the United States.

An act making appropriations for alteration and repairs in the
eapitoL

An act supplementary to the act " for increasing the navy of tlu
United States." . ^

An act to encourage the destruction of armed Vessels of the ene-
my in the waters of the United States.

Resolution of thanks to the officers and crew of the Constitution
for the victory over the Java.

An act for the organization of the staff of the army of the Unit-
ted States.

An act for the relief of Louis Chachcris.

An aet for the relief of the heirs of Samuel Lapsey, deceased.

An act for the relief of Washington Lee.

CONTENTS.

Same to Lord Caftlereagh •-■-..

Lord Caftlereagh to Mr. RuffcII
Mr. RufTell to Lord Caftlereagh ,-. '

Mr. Ruffell to Mr. MonroeN
Lord Caftlereagh to Mr,Ruffell
Admiral Warrea to Mr. Monroe
Mr. Monroe to Admiral Warren
Mcffage of the Prefident, Nqv. 12, 1813 i

Documents ivith the Message.

Mr. Riiflell to Mr. Monroe ^

Same to Lord Caftlereagh - $ . . "

Sametofame . - ' -

Lord Caftlereagh to Mr. Ruffell ^ ; . -

Mr. Hamilton to Mr. Ruffell

Mr. Rufieli to Mr. Hamilton

Same to fame N ' - -

Mr. Ruffdl to Mr. Monroe -

Same to Lard Caftlereagh -

Same to Mr. Monroe - -

Mtffage ofihe Prefident, Nov. 18, 1812

Documents accompanying the Message.

Mr- Russell to Mr. Monroe - -

Same to fume - - -

On the repeal qfi the Orders in Council,

Mr. Russell to Mr. Monroe

Same to Lord Caftlereagh * r

Decree of the French Emperor

Lord Caftlereagh to Mr. Russell

Mr. Russell to Mr. Monroe.

Britifh order of June 23, 1812

Lord Caftlereagh to Mr. Russell •

Same to fame - - . .

Mr. Russell to Lord Caftlereagh

Same to Mr. Monroe

Lord Caftkitagh to Mr. Russell

Mr* Russell to Lord Caftlereagh *

Relations with Denmark.
Mr. Erving to Mr. Monroe
Same to fame -

Same to fame - -

Relations with France*
Message of the Prefident, March 3, 1813
Mr. Barlow to Mr. Monroe
Same to fame
Same to fame -

Duke of Bassano to Mr. Barlow. -

Decree of the French Emperor
Mr. Barlow to Mr. Monroe ■/

Duke of Bassano to Mr. Bartow

. \

19
21
22
23
23

25/
27

23
28
29
30

ib.

jb.

ib-
31 •
32
ib.
33

38
.39
ib.
40
ib*
ib.
42
ib.
43

il%
44

ib-

45
49
51

52
52

ib.
53
54
ib.
55
ib.

CONTENTS.

Mr. Barlow to~the Duke of Bassano - - 56

DEBATES

On the Bill concerning the pay of the JLrmy.

Mr. Williams' speech, in the House -

Mr. Whcatoa - _ * - 3

Mr. Stow - - - - 4

Mr. Williams - - - 6

Mr. Stow, Mr. Milnor - - - 7

Mr. Troup, Mr. Guld - - .-- 9

Mr. Little - - - - ^ 10

Mr. Quincy - - - - 12

Mr.Fisk ~ • - - 19

Mr. William* • . - * - 20

Mr. Wheaton - - - 23

Mr. Widgery - - -. - 24

Mr. Pitkin * - - 2S

Mr. Troup , - - - 26

Mr. Macon " £8

Mr. Randolph 29

Mr. Williams - ' -. , T - 36

Mr. Bigelow * - .37

Mr. Johnson - - * - .39

Yeas and Nays - - - ib.

On the question for remission oftlie Merclianfs Bonds.

Mr. Johnson - - t - 40

Mr. MitchiU - - - 5S

Mr. Widgery - *- - 64

Mr. Chevcs - - $ - - £3

Mr. Roberts - . - x - 84

Mr. Richardson - - - 105

Mr. M'Kim - - - lir .

On the New Jinny Bill*

Mr. Williams - ' . - - 123

Mr. Clay .. - * - 129

Mr Troup, Mr. Bibb, Mr. Pitkin - - , 129

Mr' Will ams, Mr. Pitkin - - - ISO

Mr.* Williams, Mr. Pitkin, Mr. Little, Mr. Rhea - - 131

Mr. Bigelow, Mr. Tallmage - - 132

Mr. Mcseley - - «- - 133

Mr. M.Clay - - - - 137

Mr. Fisk - N - . - ' . - - - - 138

Mr. Widgery - '-/ ' - - " 14 °

Mr. Macon - - - - - ' 1*4

Mr. M. Clay . - ' . - - - 345

Mr. Pleasants - 146

Mr. Gold. - - , - - - 147

Mr Pearson - - - * - - 15l

Mefiort on Foreign Relations r " ' " 154

Miv Pearson in continuation - - 161

Mr. Stow ' - r - - 168

Mr. Brigham - " - ' - W

Mr. Quincy - r • - 180

Mr. Archer, , - - , - 210

Mr. Rhea - •" - .* - 222

Mr. H.Clay - - - . 232

Mr. Kent • - , . - - - 250

President's InauguralSpeech* t - 257

Listcf:.cts • • - - - 2ft J

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